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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
Jan O’Neill Professional Support Lawyer, London The Civil Justice Council’s ADR working group has released its final report on ADR and Civil Justice, following consultation on its interim report released last year. The broad mandate of the review was “to maintain the search for the right relationship between civil justice and ADR” and to … Read more
Jan O’Neill Professional Support Lawyer, London The Centre for Effective Dispute Resolution (CEDR) has released the results of its Mediation Audit 2018, based on a survey of practising mediators in the UK. (The results of parallel surveys of lawyer attitudes to mediation, and of US practitioners’ views, are to be published separately). The audit is the eighth biennial survey CEDR has conducted in the last … Read more
As we previously reported (here), the New York Supreme Court Commercial Division (a Manhattan-based division of the state court of first instance that exclusively hears complex commercial cases) has been considering a proposal for mandatory mediation. The proposal has now been adopted and the 18 month pilot programme becomes effective on 28 July 2014, at which time one … Read more
We previously reported on the commencement of a pilot scheme at the County Court Money Claims Centre (CCMCC), to test the operation of automatic referrals to mediation for low value claims where the parties have indicated that they agree to mediation. The CCMCC deals with designated low value money claims and provides a support service to the … Read more
An advisory committee has recommended that the New York Supreme Court (the state court of first instance located in Manhattan) adopt a pilot programme for mandatory mediation in its Commercial Division, which exclusively hears complex commercial cases. While other New York courts have instituted limited mandatory mediation programmes (such as the Brooklyn programme about which we previously reported, which only applies to … Read more
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, and explores key judgments in relation to refusals to mediate and disclosure of mediation documents and … Read more
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 to discuss key recent developments. Agenda items include the National Audit Office’s report on settling tax … Read more
The 59th Update to the Civil Procedure Rules came into force on 1 October 2012. Amendments to PD51H (The Mediation Service Pilot Scheme) will allow for a pilot at the County Court Money Claims Centre (CCMCC) for a period of six months, to test the operation of automatic referrals to mediation for low value (£5,000 or less) claims where … Read more