UK

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

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

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. Since its publication in 2013, the first edition of the Guide has … Continue reading

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Filed under Herbert Smith Freehills news, Middle East & Africa, UK

Client Event: London Launch of HSF Guide to Dispute Resolution in Africa, second edition. Locking Horns in Africa? Let us Be Your Guide

Herbert Smith Freehills is delighted to invite clients to the London launch event of the second edition of our Guide to Dispute Resolution in Africa.

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Filed under Herbert Smith Freehills news, UK

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

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

UK: CEDR launches seventh biennial Mediation Audit

The Centre for Effective Dispute Resolution (CEDR) is inviting interested parties in the UK to take part in its Mediation Audit 2016.   The audit, run in conjunction with the Civil Mediation Council, is the seventh audit that CEDR has conducted in the last 14 years.  … Continue reading

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Filed under Mediation (General), Mediators, UK

Arbitration and ADR in employment disputes

The Employment Lawyers' Association (ELA)  has established an Arbitration and ADR Group to consider the level of interest in arbitration to resolve employment disputes and the scope for its greater use in the future, along with early neutral evaluation, mediation … Continue reading

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Filed under Employment, UK

Court of Appeal decision endorses broad view of without prejudice protection

The Court of Appeal has held that discussions between a defendant's solicitor and a claimant litigant in person were or ought to have been seen by both parties as "negotiations genuinely aimed at settlement" and therefore protected by the without prejudice rule. In doing … Continue reading

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Filed under Confidentiality and privilege, UK

UK: Interim report published in Civil Courts Structure Review

An important judicial report has been published examining the need for changes to the court structure and processes for civil justice in England and Wales. The Civil Courts Structure Review by Lord Justice Briggs was commissioned by the senior judiciary to coincide … Continue reading

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