My Trusts & Trustees In-Depth Article: “Mediating probate and trust disputes—process challenges and tools: part 2” has been published online by Oxford University Press 24.06.2023.’ – The print edition will be published in the Journal worldwide in September. To download the PDF article please visit the ’Publications’ page atwww.carlislam.co.uk.
I would like to thank my colleague Jacob Meagher at Cambridge University for his contribution about the Singapore Convention on Mediation. As far as I am aware, Jacob, is the first person to have commentary published about the opportunity the SCM presents, depending upon how politicians enact it. So, Politicians, Practitioners and Policy Makers – please take note. He writes:
‘What remains to be seen is whether the UK adopts an ‘opt-in or out approach’ (Art 8(1)(b)), whether parties must declare themselves bound by the SCM, or actively depart.. … It is recommended that the UK depart from this provision as the benefits from doing would allow the UK to become a mecca of off-shore and cross-border trust mediation as well as reinforcing our domestic probate, trust, and employment settlements, and doing away with the need to apply for Tomlin orders and thus wasting precious court time.’
Jacob recently submitted his PhD at Cambridge and I also would like to take this opportunity to congratulate him on his outstanding contribution to knowledge in the global field of Trust Law.
This is my 6th article on Mediation published since February 2022. It is will also be my last, until I have completed researching and writing the 2nd edition of my book the ‘Contentious Probate Handbook’ for the Law Society, which got underway in late 2022, and is on schedule for submission to the publishers in November 2024. If you would like me, or both myself & Jacob (subject to availability) to present a Zoom/TEAMS/in-person talk about mediation or Contentious Probate/Trust litigation, please email carl@ihtbar.com. As a practising Barrister, mediator and author, I also have a research and writing interest in ‘Practical Ethics in the Restitution of Art’ – see the ‘Mediation of Art Disputes’ page at www.carlislam.co.uk