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

The Centre for Effective Dispute Resolution (CEDR) has released the results of its Mediation Audit 2016, based on a survey of practising mediators in the UK.   (The results of a parallel survey of lawyer attitudes to mediation are to be published separately). The audit is… Read more

The Centre for Effective Dispute Resolution (CEDR) is inviting interested parties in the UK to take part in its Mediation Audit 2016.   The audit, run in conjunction with the Civil Mediation Council, is the seventh audit that CEDR has conducted in the last 14 years. … Read more

The Employment Lawyers' Association (ELA)  has established an Arbitration and ADR Group to consider the level of interest in arbitration to resolve employment disputes and the scope for its greater use in the future, along with early neutral evaluation, mediation… Read more

The Court of Appeal has held that discussions between a defendant's solicitor and a claimant litigant in person were or ought to have been seen by both parties as "negotiations genuinely aimed at settlement" and therefore protected by the without prejudice rule. In doing… Read more

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

The International Institute for Conflict Prevention & Resolution (CPR) has released its new European Mediation & ADR Guide, designed to assist corporates operating in Europe and beyond in taking full advantage of the range of ADR processes available to them. Herbert… Read more

The Centre for Effective Dispute Resolution (CEDR) has updated all of its main model mediation documents and rules.  The updated documents are available on the CEDR website here (requiring free registration). They include: ADR contract clauses Mediation Procedure Mediation Agreement Settlement Agreement Tomlin… Read more

From today, almost all UK businesses selling goods or services to consumers in the EU need to comply with new requirements to provide consumers with information about ADR options, under legislation implementing the new EU ADR Directive. The new rules include obligations (in… Read more

We are pleased to publish the eighth guide in our series of ADR Practical Guides, designed to provide clients with practical guidance on various processes falling under the banner of alternative dispute resolution, with a particular focus on mediation. Guide No. 8: 'Resolving disputes… Read more

We previously reported (here) on the Court of Appeal's decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, considering an important issue regarding the limitation periods applying in a situation where a party makes a payment pursuant to an adjudication decision and… Read more

We are pleased to launch the seventh guide in our series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. Guide No.… Read more

The Association of Costs Lawyers (ACL) has launched an ADR service dedicated to the resolution of costs disputes.  The service, which will initially be limited to mediation, will be provided by a panel of eight mediators, including former Senior Costs Judge Peter… Read more

A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it otherwise would have been awarded because it was found to have unreasonably refused to engage in ADR (applying the guiding principles… Read more

Alexander Oddy and Jan O'Neill of Herbert Smith Freehills' London office have published an article in PLC Magazine 'Mediation for In-house Lawyers - Preparing for Success'. In-house counsel can play a critical role in the preparation for a mediation - both in working… Read more

A recent decision of the English High Court has underlined the need for parties who have agreed to settle a dispute to specify very clearly if they intend that the terms agreed will not be immediately binding on them and will be subject to the… Read more

Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form of dispute resolution and, more generally, the enforcability of contractual dispute resolution clauses. DABs, which often comprise a panel of three members, provide… Read more

The UK Government has announced its plans for implementing the ADR Directive and the ODR Regulation, both of which are aimed at promoting the use of ADR schemes in disputes involving consumer complaints throughout the EU. While the Government is not at this stage… Read more

In a landmark decision, the Technology and Construction Court has refused to enforce an adjudicator's decision because the adjudicator had been invalidly appointed, due to misrepresentation by one party on its application to the appointing body.  The decision is a clear warning to… Read more

One way in which courts commonly encourage and facilitate the use of ADR  in the context of litigation is to allow the litigants a pause in trial preparation to engage in mediation or other form of settlement negotiations.   Such a pause may be in the form of a formal stay of… Read more

A convention being held next month at the Guildhall, London, on Shaping the Future of International Dispute Resolution will bring together an extensive cross-section of ADR and arbitration service providers, corporate users and thought leaders to discuss the future direction of… Read more

At a breakfast session on 9 October at Herbert Smith Freehills' London office, the Centre for Effective Dispute Resolution (CEDR) will convene a debate exploring the role for facilitative discussion and negotiation between regulated firms and their regulators, with a focus on the banking and insurance… Read more

It is well established that the courts will not review the merits of an adjudicator's decision and will only set aside such a decision in the relatively rare cases where it is found that: the adjudicator had no jurisdiction to make the… Read more

Herbert Smith Freehills' publication 'Preparing for Mediation' is the fifth in our series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of ADR, with a particular focus on mediation. This fifth guide highlights issues that… Read more

The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by 'friendly discussions' constituted an enforceable condition precedent to arbitration: Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014]… Read more

Herbert Smith Freehills' publication  'When to mediate in a dispute'  is the third in our series of ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. This third guide sets out a series of… Read more

Herbert Smith Freehills' publication  'An introduction to mediation - what it is and how it works'  is the second in our series of ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus… Read more

Herbert Smith Freehills has launched the first in our series of ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. The first guide provides a snapshot of some… Read more

The Civil Justice Council (CJC) has established a new advisory group to explore the role that online dispute resolution (ODR) can play in resolving civil disputes. ODR involves the resolution of disputes across the internet, using techniques such e-negotiation and… Read more

The Centre for Effective Dispute Resolution (CEDR) has just released the results of its Mediation Audit 2014, based on a survey of practising mediators as well as a survey of lawyers who use mediation. The audit, which is run in conjunction with… Read more