Australia

Mediation in shareholder class actions – article published

Mediation can be a useful tool in shareholder class actions as in other types of litigation. There are a number of obvious advantages to defendant corporations in particular: minimising legal costs, reducing further publicity and impact on share price, and avoiding the considerable distraction to … Continue reading

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Filed under Australia, Herbert Smith Freehills news, Mediation (General)

Before you leave the mediation – a reminder of the need to be clear whether a settlement agreement is subject to contract

A recent decision of the English High Court has underlined the need for parties who have agreed to settle a dispute to specify very clearly if they intend that the terms agreed will not be immediately binding on them and will be subject to the … Continue reading

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Filed under Australia, Mediation (General), UK

New ICC Mediation Rules launched

As reported in our earlier post, here, the new Mediation Rules of the International Chamber of Commerce (ICC) came into force on 1 January this year, replacing the ICC’s Amicable Dispute Resolution Rules.  The new ICC Mediation Rules are currently on … Continue reading

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Filed under ADR institutions, Australia, Mediation (General)

Australia : Enforceability of heads of agreement following mediation

Following a successful mediation, parties usually prepare a formal agreement to record what was agreed.  In some situations, the parties may initially prepare a less formal document, sometimes called a ‘heads of agreement’.  Whether a heads of agreement is enforceable … Continue reading

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Filed under Australia, Mediation (General)

The future of legal education and practice: Should ADR be compulsory in legal education?

Legal practitioners must understand which factors make ADR appropriate and must educate their clients to assist them in choosing the most appropriate process. This is particularly important now that some ADR processes are integrated with pre-trial litigation procedures. This requires … Continue reading

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Filed under ADR, Australia

Australia: at what stage is it appropriate for the court to refer cases to ADR?

The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of disputes to ADR. However, recent case law, and commentary by the Honourable Chief Justice … Continue reading

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Filed under ADR, Australia

Australian Federal Court rules on compliance with “genuine steps” requirement

The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute under the Civil Dispute Resolution Act 2011 (Cth) (the Act): Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] … Continue reading

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Filed under ADR, Australia, Costs, Intellectual Property, Mediation (General)

Case Study: settlement of mass claims arising out of World Trade Center litigation

Herbert Smith Freehills acts for the Lend Lease group of companies (LL LMB) in relation to the World Trade Center (WTC) clean-up litigation following the events of 9/11. Over 18,000 plaintiffs sued more than 50 defendants including the City of New York … Continue reading

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Filed under Australia, Insurance and Reinsurance, USA

South Australia creates office of small business commissioner to assist small businesses in resolving disputes through ADR

There are some 142,000 small businesses in South Australia and an office dedicated to supporting dispute resolution and avoidance in this area was created in March 2012.  The independent body, headed by a small business Commissioner appointed by the Governor, is … Continue reading

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Filed under ADR, Australia, Consumers, Government proposals and consultations, Mediation (General), Other ADR processes

Review of Australia’s consumer external dispute resolution arrangements likely in 2013

Australia’s shadow minister for financial services, Mathias Cormann, has acknowledged that there are legitimate concerns over procedural matters and natural justice in relation to Australia’s Financial Ombudsman Service (FOS) and the Credit Ombudsman Service (COS). The term ‘ombudman’ derives from Swedish and … Continue reading

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Filed under Australia, Consumers, Financial Services, Government proposals and consultations, Other ADR processes