Mediation (General)

South Africa: Proposed new rules for mediation (to the exclusion of arbitration) in investor-state disputes

Draft Regulations have been published by the South African government setting out rules for the mediation of investor-state disputes (to the exclusion of international arbitration).   Click here to read our Johannesburg office's bulletin, which highlights concerns with the proposed developments and calls … Continue reading

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Filed under Mediation (General), Middle East & Africa

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the cost consequences of a subsequent settlement: Savings Advice Limited v EDF Energy Customers Ltd … Continue reading

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Filed under Confidentiality and privilege, Costs, Mediation (General), UK

ADR in Asia Pacific – Part 3

Further to our earlier posts (here and here) highlighting material from our recently updated Guide to Dispute Resolution in Asia Pacific, we now feature in part 3 the responses from New Zealand, Pakistan, Philippines, Singapore, Taiwan, Thailand and Vietnam to the question whether parties to litigation or arbitration … Continue reading

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Filed under ADR, Asia, Mediation (General), Refusal to mediate

Singapore: proposed new legislation to encourage mediation

A Mediation Bill has recently been put before the Singapore Parliament with a view to encouraging the growth of mediation in the jurisdiction.  The three key proposals in the Bill (which echo similar provisions in the EU Mediation Directive and various other mediation laws … Continue reading

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Filed under Asia, Confidentiality and privilege, Government proposals and consultations, Mediation (General)

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to ‘unambiguous impropriety’

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a written settlement offer conveyed through a mediator following an unsuccessful mediation was not protected by WP: Ferster v … Continue reading

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Filed under Confidentiality and privilege, Mediation (General), UK

Updated Jackson ADR Handbook published

A new (second) edition of the Jackson ADR Handbook was published on 8 September 2016. The original edition of the Handbook (see our bulletin here) was published in 2013 as one of the suite of measures recommended by Lord Justice Jackson in … Continue reading

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Filed under Adjudication, ADR, ADR institutions, Expert Determination, Mediation (General), Online dispute resolution (ODR), Other ADR processes

UK: Civil Courts Structure Review recommends expanded role for ADR

The recently published final report of Lord Justice Briggs in his Civil Courts Structure Review includes some interesting conclusions as to the role currently played by ADR in the civil justice system in England and Wales and a number of recommendations aimed at expanding that role. … Continue reading

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Filed under Government proposals and consultations, Mediation (General), Online dispute resolution (ODR), UK

Herbert Smith Freehills launches latest Guide to Dispute Resolution in Asia Pacific

Please click here to preview this publication.  To request a copy of the guide, please email asia.publications@hsf.com. Our updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of the basic questions a party unfamiliar with … Continue reading

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Filed under ADR, ADR institutions, Herbert Smith Freehills news, Mediation (General)

CEDR Mediation Audit results published

The Centre for Effective Dispute Resolution (CEDR) has released the results of its Mediation Audit 2016, based on a survey of practising mediators in the UK.   (The results of a parallel survey of lawyer attitudes to mediation are to be published separately). The audit is … Continue reading

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Filed under ADR institutions, Mediation (General), UK

Singapore publishes draft Mediation Bill

The Singapore Ministry of Law is seeking public feedback on a draft Mediation Bill. The Bill will give effect to one of the key recommendations of the International Commercial Mediation Working Group (ICMWG) in 2013, being the enactment of a … Continue reading

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Filed under ADR, Asia, Mediation (General)