Herbert Smith wins CPR Institute Award

In January 2009, the International Institute for Conflict Prevention & Resolution (the CPR Institute) based in New York presented its annual law firm award to Herbert Smith. The CPR Institute recognised Herbert Smith (over numbers of US firms) for ‘its leadership and dedication to the principles of conflict management and resolution’. The award committee comprised … Read more

Party ordered to pay costs thrown away by late withdrawal from mediation

In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation. In considering whether to make such an order, the court will consider the conduct of the parties and in particular whether or not the party withdrawing from … Read more

International Mediation Institute – new mediator certification procedures

The International Mediation Institute (IMI) was launched in 2007 in the Hague as an international public policy initiative to provide international mediator standards and training. Its stated goal is to generate enhanced confidence in mediators by way of recognised mediator standards in an otherwise unregulated profession. Qualifying mediators are registered with IMI and IMI certified … Read more

Dubai – compulsory mediation to be introduced

On 15 September 2009 a new ADR law was published in Dubai. This creates the Centre for Amicable Settlement of Disputes which will operate as an affiliate of the Dubai courts. Significantly the ADR law will make it compulsory for parties to first refer disputes to the centre which would otherwise be heard before the … Read more

Hong Kong – new case management powers to encourage ADR

The Civil Justice Reform, Practice Direction 31, due to come into effect in January 2010, gives Hong Kong courts new case management powers to encourage and facilitate ADR between litigants. Parties and their lawyers will have a duty to assist the court in achieving this end, and will need to demonstrate that they have achieved … Read more

India – Delhi Mediation Centre joins Asian Mediation Association

A significant practical step in the development of ADR in India was evidenced in September 2008 by the Delhi Mediation Centre becoming the latest member of the Asian Mediation Association (AMA). This builds on a 2002 amendment to the Indian Civil Procedure Code which attempted to increase the number of mandatory references of litigants by … Read more

Herbert Smith co-authors leading text on Expert Determination

In June 2008 “Expert Determination”, a book published by Sweet & Maxwell and co-authored by Herbert Smith partner James Farrell was launched. Now in its 4th edition, “Expert Determination” is the leading title on this increasingly used dispute resolution process. It remains the only work which focuses exclusively on expert determination and has been referred … Read more

Mediator summoned to give evidence at trial regarding the mediation

In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 (TCC) Mr Justice Ramsey considered an application by a mediator to set aside a witness summons. Ramsey J held that in exceptional circumstances, the confidentiality provisions between the … Read more