ADR on the increase in US Federal courts

A November 2011 study by the Federal Judicial Center has revealed that more than one-third of all federal trial courts authorise multiple forms of ADR, and all federal courts authorise one form of ADR.  For the 12-month period ending June… Read more

Government launches Dispute Resolution Commitment

The government has launched a new Dispute Resolution Commitment, which renews and strengthens the ADR Pledge made in 2001. The Commitment's objective is to show how the government intends to lead by example in using "better, quicker and more efficient… Read more

Court of Appeal rules that expert has no jurisdiction

The Court of Appeal has considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties. It ruled that the expert in the case did not have jurisdiction to decide the dispute,… Read more

New Australian Civil Dispute Resolution Act comes into force

The new Australian Civil Dispute Resolution Act 2011, which applies to all federal civil law matters and came into force on 1 August 2011, encourages parties to take ‘genuine steps’ to resolve their disputes before commencing certain proceedings in the… Read more

Herbert Smith gains two new CEDR-accredited mediators

Gary Milner-Moore and Rupert Shiers, both partners in the Dispute Resolution division, have just become CEDR-accredited mediators. Rupert, who is a partner in the firm's tax disputes practice, undertook the CEDR training in a course specially arranged by CEDR and… Read more

Singapore Court Rules amended to support mediation

The Singapore Rules of Court have been amended to include the possibly of adverse cost consequences regarding a party's conduct in relation to mediation or ADR. Order 59 Rule 5(c) of the Rules of Court provides that when the Court… Read more

Introduction of a Mediation Bill in Hong Kong

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to introduce the Mediation Bill into the Legislative Council towards the end of 2011. The Bill… Read more

Hong Kong High Court consider the med-arb procedure

In Gao Hai Yan v Keeneye Holdings Ltd [2011] HKEC 514, the enforcement in Hong Kong of a mainland arbitral award that was rendered (in China) following failed settlement efforts in a mediator-arbitrator (med-arb) process was challenged on public policy… Read more

Herbert Smith webinar on recent ADR developments

On 5 April 2011, Herbert Smith held a webinar to update clients and contacts from a range of industry sectors on ADR developments. The webinar was presented by Alexander Oddy, partner in the Litigation and Arbitration division and head of… Read more

Herbert Smith gains another accredited mediator

In January 2011, David Phillips, a senior associate at Herbert Smith, became a CEDR accredited mediator. David has advised clients on a number of mediations, notably in the energy sector, usually in respect of international disputes and often involving multiple parties. Read more

Increased role for mediation in Ireland

In a suite of legislative changes culminating in the Rules of the Superior Courts (Mediation and Conciliation) which came into force in October 2010, the Republic of Ireland has amended its domestic ADR framework to promote further the use of… Read more

CEDR launches research on conflict management

CEDR's recent market research, Tough times, tough talk, reviews the attitudes of 1,000 people working in the UK to find out how conflicts arise in the workplace and if they are getting worse. CEDR addresses what can be done about… Read more

Russian Mediation Law comes into force

On 1 January 2011, the Federal Law on Alternative Dispute Resolution Procedure with the participation of an Intermediary (193-FZ) came into force in Russia. The law was promulgated on 30 July 2010 following several years of debate regarding the need… Read more