It has been reported that the Civil Justice Council (CJC) has established a Judicial ADR Liaison Committee (the Committee). The formation of the Committee was one of several recommendations made by the CJC’s ADR Working Group in its November 2018 ADR and Civil Justice Report (the Report) considering various ways to encourage the use of … Read more
The Scottish government has recently issued a publication on its plans to reform the use of mediation in the Scottish civil justice system. In the publication, the government expresses its intention to establish a ‘Scottish Dispute Resolution Delivery Group’ that will meet in early 2020 to develop and shape an “evidence-based package of reform” relating … Read more
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the … Read more
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 2019 and will come into effect on exit day, whenever that occurs. Why? The development … Read more
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 sections of the civil justice system and suggests a variety of possible corrective measures. The … Read more
The Global Pound Conference (GPC) series concluded on 6 July, with the final conference held at the Guildhall in London. This landmark project (of which Herbert Smith Freehills is the lead sponsor) has seen more than 3,000 corporate and disputes professionals come together in conferences spanning 29 cities across the globe throughout 2016-17, with many more following … Read more
A recent Court of Appeal decision is the latest instance of the court expressly sending a message to litigants confirming what it expects of them regarding mediation within the court process: Thakkar v Patel [2017] EWCA Civ 117. Upholding a first instance decision which it described as "severe, but not so severe that this court should … Read more
A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the cost consequences of a subsequent settlement: Savings Advice Limited v EDF Energy Customers Ltd [2017] EWHC B1 (Costs) Documents produced for the purposes of mediation are generally covered by … Read more
The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a written settlement offer conveyed through a mediator following an unsuccessful mediation was not protected by WP: Ferster v Ferster [2016] EWCA Civ 717. Communications in connection with a mediation (including when the … Read more
