Brexit: UK unwinds implementation of EU ADR laws

The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (2008/52/EC) after Brexit. The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (the Regulations) were made on 1 March 2019 and will come into effect on… Read more

Article published – ADR reform: one size does not fit all

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to consultation late last year. The interim report addresses concerns regarding a perceived underuse of ADR within some… Read more

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… Read more

UK: Review of ADR in the Chancery Division of the High Court

A review of current practices and procedures in the Chancery Division of the High Court (known as the Chancery Modernisation Review) was undertaken in 2013, led by Lord Justice Briggs.  The final report, published following consultation on a provisional report, includes… Read more

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,… Read more

Mediation in arbitration proceedings – a Hong Kong perspective

The procedures of mediation and arbitration are regularly combined in some jurisdictions, such that an arbitrator assumes the role of mediator part-way through arbitral proceedings in an attempt to settle the dispute early (arb-med).  An alternative formulation is where a mediator,… Read more

Judicial mediation in mainland China explained

With the Chinese courts under increasingly heavy case loads, use of "judicial mediation" continues to be encouraged by all levels of the Chinese courts as a means of effective case management. Although mediation and "judicial mediation" both have long histories… Read more

Introduction of a Mediation Bill in Hong Kong

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to introduce the Mediation Bill into the Legislative Council towards the end of 2011. The Bill… Read more

Herbert Smith webinar on recent ADR developments

On 5 April 2011, Herbert Smith held a webinar to update clients and contacts from a range of industry sectors on ADR developments. The webinar was presented by Alexander Oddy, partner in the Litigation and Arbitration division and head of… Read more

No such thing as mediation privilege – yet

In a recent High Court case, Brown v Rice & Patel [2007] EWHC 625 (Ch), Mr Stuart Isaacs QC (sitting as a deputy judge of the High Court) held that it was not only permissible but necessary to admit without… Read more