The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of disputes to ADR. However, recent case law, and commentary by the Honourable Chief Justice Bathurst, suggest that the courts are also looking at the appropriateness of ADR. This will … Read more

On Thursday 6 December, Herbert Smith Freehills’ London office hosted an event organised by the Standing Conference of Mediation Advocates (SCMA), a cross-professional association established to deliver professional excellence in mediation advocacy. Edwin Glasgow QC, Michael Leathes, Ute A Joas Quinn, Irena Vanenkova (International Mediation Institute (IMI)), and Prof Andrew Goodman tackled the subject of improving standards in mediation … Read more

The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute under the Civil Dispute Resolution Act 2011 (Cth) (the Act): Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] FCA 282. The lawyers for both parties failed to file a genuine steps statement, and also … Read more

The Occupational Safety and Health Administration (OSHA), which is part of the United States Department of Labor, has announced that it is implementing an Alternative Dispute Resolution (ADR) pilot programme for certain whistleblower complaints.   OSHA’s mission is “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and … Read more

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson’s proposals, and explores key judgments in relation to refusals to mediate and disclosure of mediation documents and … Read more

In Turville Heath Inc v Chartis Insurance Uk Ltd [2012] EWHC 3019 TCC, The UK High Court held that a clause providing for loss to be assessed under an insurance policy by way of a so-called “arbitration” procedure was non-compliant with the Arbitration Act 1996 and therefore not a genuine arbitration clause. The court found, however, an alternative way … Read more

A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or arbitration. Indeed, the UK Construction Act provides that adjudicator’s decisions are binding on the parties until the dispute is finally determined by other proceedings or agreement. This precludes subsequent decisions … Read more

In response to client demand, Herbert Smith Freehills has published its A practical guide to mediation. This is a simple guide to the mediation process and what to expect on the day, including a useful flow chart. It is intended principally for non-legal attendees/client representatives and outlines a typical template for a facilitative mediation in the UK. Practices may … Read more