CEDR Mediation Audit results: The post-pandemic state of civil mediation

The Centre for Effective Dispute Resolution (CEDR) has released the results of its latest Mediation Audit, the first since the start of the pandemic. For the past 20 years, CEDR’s biennial surveys of mediators have provided a snapshot of civil and commercial mediation in the UK, identifying key trends and developments.  The latest survey received … Read more

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

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 ADR is embedded into court procedure and culture at all stages of the process (see, for example, here and here).  … 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