Mediation Pilot Schemes

New York state court green-lights mandatory mediation pilot programme

As we previously reported (here), the New York Supreme Court Commercial Division (a Manhattan-based division of the state court of first instance that exclusively hears complex commercial cases) has been considering a proposal for mandatory mediation. The proposal has now been adopted and … Continue reading

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Filed under Mediation (General), Mediation Pilot Schemes, USA

Automatic referral to mediation in UK County Court Money Claims Centre adopted permanently

We previously reported on the commencement of a pilot scheme at the County Court Money Claims Centre (CCMCC), to test the operation of automatic referrals to mediation for low value claims where the parties have indicated that they agree to mediation.  The … Continue reading

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Filed under Mediation (General), Mediation Pilot Schemes, UK

Mandatory mediation pilot proposed for New York state court

An advisory committee has recommended that the New York Supreme Court (the state court of first instance located in Manhattan) adopt a pilot programme for mandatory mediation in its Commercial Division, which exclusively hears complex commercial cases. While other New York … Continue reading

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Filed under Mediation (General), Mediation Pilot Schemes, USA

ADR in the UK – article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson’s proposals, … Continue reading

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Filed under ADR, Confidentiality and privilege, Costs, Government proposals and consultations, Herbert Smith Freehills news, Mediation (General), Mediation Pilot Schemes, UK

Herbert Smith Freehills hosts Tax ADR Interest Group

The UK’s HM Revenue & Customs (HMRC) is now supporting ADR in the resolution of a wide range of tax disputes. On Monday 22 October Herbert Smith Freehills will host a Tax ADR Interest Group for stakeholders at our offices in London … Continue reading

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Filed under ADR, Government proposals and consultations, Herbert Smith Freehills news, Mediation Pilot Schemes, UK

Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012

The 59th Update to the Civil Procedure Rules came into force on 1 October 2012.  Amendments to PD51H (The Mediation Service Pilot Scheme) will allow for a pilot at the County Court Money Claims Centre (CCMCC) for a period of six months, to … Continue reading

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Filed under Mediation Pilot Schemes, UK

Mandatory referrals to mediation likely in New York State commercial cases

A New York State report on reforming litigation has at its heart a mandatory mediation pilot for commercial cases. It is anticipated that 20% of the cases filed in the Commercial Division of the New York Supreme Court (which is … Continue reading

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Filed under ADR, Government proposals and consultations, Mediation Pilot Schemes, Other ADR processes, USA

Court of Appeal mediation pilot endorsed in Ghaith v Indesit

The year-long Court of Appeal mediation pilot launched on 2 April 2012 has been endorsed in the recent case of Ghaith v Indesit [2012] EWCA Civ 642. Under the pilot, unless a judge exceptionally directs otherwise, every personal injury, clinical negligence and contractual … Continue reading

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Filed under Mediation Pilot Schemes, Refusal to mediate, UK

Regional Mediation Training Scheme for employment disputes launched in Cambridge and Manchester

On 21 June 2012 the Department for Business Innovation and Skills (BIS) announced that Consensio, a member of the Civil Mediation Council (CMC), will conduct training in mediation for employees from a group of 24 small to medium sized enterprises (SMEs) … Continue reading

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Filed under Employment, Government proposals and consultations, Mediation (General), Mediation Pilot Schemes, UK

HMRC embraces ADR in relation to full gamut of tax disputes

The UK’s HM Revenue & Customs (HMRC) is now supporting ADR in the resolution of a wide range of tax disputes. ADR trials are live in relation to large commercial cases, SMEs and individuals whereby an independent HMRC facilitator may assist the parties in … Continue reading

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Filed under ADR, Mediation (General), Mediation Pilot Schemes, Tax