In the meantime, participation in mediation seems set to continue rising. This is not to say that the courts have had their day. Some trust disputes and applications will inevitably remain within the court system, not least because England and Wales' judiciary is so well equipped to deal with them and has powers that arbitrators do not.
However, overall, we are now living in a world where 'alternative' dispute resolution is far from alternative.
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Elizabeth Doherty is a partner and Emma Cohen is a senior associate in the private client disputes team at Macfarlanes
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