Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how dispute resolution tools and institutions should respond to the needs of 21st century business.  In particular, it … Read more

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 Order Code of Conduct for Mediators Expert Determination Agreement In addition, a new model document has … Read more

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 respect of complaints handling procedures) that apply to all traders regardless of whether they are … Read more

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives and to consider whether any changes to the Directive are appropriate. Responses to the consultation will inform a report the Commission is required to submit to the EU legislative bodies by … Read more

A recent Hong Kong judgment has added to the growing body of case law illustrating courts’ intolerance of litigants who refuse to engage with ADR.   The decision will be of interest to litigants not just in Hong Kong but in other jurisdictions (including England) where similar procedural rules allow a court to penalise a party whose refusal to mediate … Read more

We reported earlier this year on a spate of recent court decisions in different jurisdictions giving support for the use of dispute adjudication boards (DABs). DABs can provide an effective means for parties to obtain interim binding decisions on disputes pending any final resolution by arbitration or litigation – applying a ‘pay now, argue later’ approach designed … Read more

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 with HMRC’ examines when and how mediation and other forms of ADR can be used to … Read more

Mediation can be a useful tool in shareholder class actions as in other types of litigation. There are a number of obvious advantages to defendant corporations in particular: minimising legal costs, reducing further publicity and impact on share price, and avoiding the considerable distraction to the business of defending the class action to trial. However, there are certain issues and risks … Read more