Further to our earlier posts (here and here) highlighting material from our recently updated Guide to Dispute Resolution in Asia Pacific, we now feature in part 3 the responses from New Zealand, Pakistan, Philippines, Singapore, Taiwan, Thailand and Vietnam to the question whether parties to litigation or arbitration are required to consider or submit to ADR procedures before or during proceedings. Read more

At a launch on 24 November 2016, the Centre for Effective Dispute Resolution (CEDR) released updates for all of its main model mediation documents and rules. The updated documents are available on the CEDR website here (requiring free registration), including: ADR contract clauses ADR Notice Mediation Procedure Mediation Agreement Settlement Agreement / Tomlin Order Code of Conduct for Third-party … Read more

A Mediation Bill has recently been put before the Singapore Parliament with a view to encouraging the growth of mediation in the jurisdiction.  The three key proposals in the Bill (which echo similar provisions in the EU Mediation Directive and various other mediation laws around the world) are: (i)   A power (though not a duty) in the courts to … Read more

The Hong Kong Financial Dispute Resolution Centre (FDRC), which since June 2012 has been providing ADR services to financial institutions and their individual customers in Hong Kong, has recently launched a consultation to significantly enhance the Financial Dispute Resolution Scheme (FDRS) administed by it. The FDRS provides a channel for the resolution of monetary disputes by way … 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

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. Since its publication in 2013, the first edition of the Guide has proved to be an invaluable resource not just for those facing disputes in Africa but for anyone … Read more

The International Mediation Institute (IMI) has published "Competency Criteria for Investor-State Mediators", designed to assist with the selection of suitable mediators for disputes involving private sector entities and States. The Criteria have been prepared in response to that fact that, while a pool of Investor-State arbitrators has developed over the recent years, and while, in parallel, mediation of international … Read more

A new (second) edition of the Jackson ADR Handbook was published on 8 September 2016. The original edition of the Handbook (see our bulletin here) was published in 2013 as one of the suite of measures recommended by Lord Justice Jackson in his 2010 Review of Civil Litigation Costs.  That Review endorsed a "serious campaign" to ensure that lawyers, … Read more