Developing student lawyers’ negotiating skills as well as their advocacy skills is essential to encourage out-of-court solutions where appropriate, says Catherine Shephard
The heartbreaking case of Charlie Gard saw Mr Justice Francis conclude his judgment with a plea for more use of mediation. Mr Justice Cooke, granting Peter Hook permission to continue his derivative action against his New Order ex-bandmates, nevertheless urged the parties to enter into negotiations rather than proceed to trial.
Of course, the right of access to courts is “an absolutely fundamental ingredient of the rule of law”, as Lord Neuberger has highlighted, and he has made clear his view that mediation “must not be invoked and promoted as if it was always an improved substitute for litigation”. However, he also observes that &ldqu...
This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content
The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.
To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on email@example.com.