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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

The Arbitration and Mediation Services (Equality) Bill aims to enhance equality within arbitration and mediation services, protect victims of domestic abuse, and address issues related to falsely claiming legal jurisdiction. It amends several existing Acts to achieve these goals.

Description

This bill makes several key changes to existing laws:

  • Equality Act 2010 Amendments: Prohibits discrimination based on sex in arbitration services, specifying examples like biased treatment of evidence or assumptions about property rights. It also requires public sector bodies to consider individuals in religiously-based marriages or polygamous relationships who may lack legal protection.
  • Arbitration Act 1996 Amendments: Bans discriminatory terms in arbitration agreements, such as those favoring one gender’s evidence or property rights.
  • Family Law Act 1996 Amendments: Allows courts to overturn orders based on mediation or negotiated agreements if a party's consent wasn't genuine, considering factors like coercion or lack of legal information.
  • Criminal Justice and Public Order Act 1994 Amendments: Extends protection to victims of domestic abuse who assist in investigations or act as witnesses.
  • Courts and Legal Services Act 1990 Amendments: Creates a new offense for falsely claiming legal jurisdiction, with a potential 7-year prison sentence.

Government Spending

The bill doesn't directly specify government spending figures. The costs will likely relate to the enforcement of the new provisions, potential legal challenges, and updates to related government guidelines and training.

Groups Affected

  • Individuals involved in arbitration and mediation: Will be subject to stricter equality rules and protections against discrimination based on sex.
  • Victims of domestic abuse: Receive enhanced legal protection and support in investigations and court proceedings.
  • Public sector bodies: Have an expanded public sector equality duty to account for individuals in non-legally recognized marriages or polygamous households.
  • Those falsely claiming legal jurisdiction: Face potential criminal prosecution and imprisonment.
  • Courts: Will have new powers to overturn agreements obtained through coercion or lack of informed consent.
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