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

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

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. Since its publication in 2013, the first edition of the Guide has… 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

CEDR Mediation Audit results published

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

UK: CEDR launches seventh biennial Mediation Audit

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

Arbitration and ADR in employment disputes

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

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

European Mediation and ADR Guide published

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

Updated CEDR model documents and rules

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

New ADR consumer information obligations apply from today

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

ADR Practical Guide No. 8: Resolving disputes with HMRC

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

UK: New ADR service for costs disputes

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

Article published: Mediation for in-house lawyers

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

Judicial support for dispute adjudication boards

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

Upcoming CEDR financial services event: ‘Dialogue with the Regulator’

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

ADR Practical Guide no. 5: Preparing for Mediation

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

ADR Practical Guide no. 3 : When to mediate in a dispute

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

ADR Practical Guide no.2 : An Introduction to Mediation

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