Mandatory mediation: Insights from the LCAM-HSF survey

Herbert Smith Freehills recently partnered with the London Chamber of Arbitration and Mediation (LCAM) to  survey a cross-section of the dispute resolution community on attitudes to compulsory mediation in arbitration and mediation. The results indicate that there seems to be support for some degree of mandatory mediation in both litigation and arbitration, but that effective … Read more

Article published – Compulsory ADR: A commercial litigation perspective

Over the past year, both the civil judiciary and the Ministry of Justice have made clear their shared policy aim of bringing about a paradigm shift in the civil justice system, to one in which the potential for ADR is embedded into court procedure and culture at all stages of the process (see, for example, … Read more

UK government report on responses to its Call for Evidence on ADR

The Ministry of Justice has published a Report summarising the responses it received to a Call for Evidence it issued in August last year. Although entitled a Call for Evidence on Dispute Resolution in England and Wales, the document was in fact focused on methods of resolving disputes apart from litigation –  including mediation, conciliation, … Read more