Brexit: UK unwinds implementation of EU ADR laws

Jan O'Neill Professional Support Lawyer, London   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… Read more

Hong Kong: Third party funding for mediation delayed

Hong Kong has published its long-awaited Code of Practice for third party funders and announced that amendments to the Arbitration Ordinance, which permit funding of Hong Kong arbitrations, will come fully into force on 1 February 2019.   However, proposed amendments to… Read more

Belt and Road: Supporting the resolution of disputes

We have previously commented on how the sheer complexity and scale of China’s ambitious Belt and Road Initiative is prompting a welcome review of dispute resolution processes including efforts, led and supported by the Chinese government, to encourage mediation clauses in Belt and… 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

Report on the use of ADR in employment disputes

The Employment Lawyers Association (ELA) has issued a report examining the potential for greater use to be made of ADR in employment disputes. The report was prepared by an ELA working group, co-chaired by Peter Frost, partner in Herbert Smith Freehills' employment team… 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: 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.… Read more

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… Read more

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives and to consider whether any changes to the Directive are appropriate. Responses to the consultation will… 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

EU Parliament questionnaire on effective mediation policy

The European Parliament has issued a public questionnaire ('Assessing the Impact of the EU Mediation Directive and Exploring Legislative and Non-Legislative Measures to Encourage the Use of Mediation in EU Member States') to gather information about mediation policy and practice in civil and… Read more

UK: Jackson ADR Handbook published

The publication today by OUP of the "Jackson ADR Handbook" (the Handbook) forms part of the suite of measures introduced earlier this month to reform civil litigation in England and Wales. The Handbook is intended to inform litigants, lawyers and judges… Read more

European Commission publishes report on use of ADR by businesses

The European Commission has recently published the results of a pan-European consultation canvassing views on ADR usage at the business level. This will inform the European Commission's desire to promote and facilitate ADR between businesses. Much of the European Commission's recent work… 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

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… Read more

German mediation law comes into force

The German mediation bill has long been a source of debate and disagreement between the German Parliament's two chambers. Indeed, disagreement over the terms of the bill was referred to mediation deploying provisions under the German Constitution providing for resolution by mediation of disputes between the… Read more

Surge in use of ADR to resolve disputes in Ghana

Statistics issued by the Court Connected Alternative Dispute Resolution (ADR) Centre show that between 2007 and 2011 out of 16,080 disputes around 55% were settled through mediation. Ghana embraced ADR some time ago as a complement to the traditional court system in… Read more

Update on draft Irish Mediation Bill

The Joint Oireachtas Committee for Justice, Defence and Equality received 16 submissions regarding the draft Mediation Bill, and held public hearings  between 9 - 23 May attended by various ADR institutions. All those involved in the hearings broadly welcomed the proposed… Read more