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by Munro Research

Arbitration and Mediation Services (Equality) Bill [HL]


Official Summary

A Bill to make further provision about arbitration and mediation services and the application of equality legislation to such services; to make provision about the protection of victims of domestic abuse; and for connected purposes.

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Overview

This bill aims to improve equality within arbitration and mediation services, enhance protection for domestic abuse victims, and address issues related to falsely claiming legal jurisdiction. It amends several existing Acts to achieve these goals, focusing primarily on eliminating sex-based discrimination in legal processes.

Description

The bill makes key amendments to several Acts:

  • Equality Act 2010: Adds provisions prohibiting discrimination, harassment, and victimisation based on sex in arbitration services. This includes stipulations against biased treatment of evidence based on gender and assumptions about property rights or estate division.
  • Arbitration Act 1996: Prohibits discriminatory terms within arbitration agreements, specifically those that favor one gender over another.
  • Family Law Act 1996: Introduces a mechanism for courts to set aside orders based on negotiated agreements if one party's consent wasn't genuine, considering factors like manipulation or lack of awareness of legal rights.
  • Criminal Justice and Public Order Act 1994: Extends the protection against intimidation to victims of domestic abuse who assist investigations or are witnesses.
  • Courts and Legal Services Act 1990: Creates a new offense for falsely claiming to have the powers of a court or to issue legally binding rulings.

Government Spending

The bill doesn't directly specify government spending figures. The impact on government spending will likely depend on the costs associated with implementing the new provisions and potential legal challenges. Increased court cases due to challenges to existing agreements or claims of false legal jurisdiction could lead to increased costs. It will also require additional resources for training and implementation across relevant legal and government bodies.

Groups Affected

  • Individuals involved in arbitration and mediation: Will benefit from protections against sex-based discrimination.
  • Victims of domestic abuse: Will receive increased legal protection against intimidation.
  • Parties to negotiated agreements (family law cases): Gain a legal recourse to challenge agreements obtained through undue pressure or manipulation.
  • Those falsely claiming legal jurisdiction: Will face criminal prosecution.
  • Courts and legal professionals: Will be required to implement and enforce the new provisions, potentially increasing their workload.
  • Government bodies: Will incur costs associated with implementing and enforcing the Act's provisions.
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