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Mediation is ‘common sense’ not a sign of weakness, says Commercial Courts chief

Mr Justice Peter Kelly says mediation is on the rise but still underutilised

If, 15 years ago, you had assembled a random group of litigation lawyers and asked each of them to speak for a minute on the topic of mediation, you would probably have been met with stony silence. “Or else,” said Mr Justice Peter Kellyat a recent seminar, “you would have met a chancer who was going to wing it.” If you were to reassemble that group now, the judge continued, you would be shocked if you discovered amongst them somebody who didn’t know about mediation. Many of them would have taken a course to be accredited as mediators. And if somebody in the group admitted to knowing nothing about the topic, he would be advertising himself as a potential target for a professional negligence suit. Read [more]