Government proposals and consultations

Belt and Road: Supporting the resolution of disputes

We have previously commented on how the sheer complexity and scale of China’s ambitious Belt and Road Initiative is prompting a welcome review of dispute resolution processes including efforts, led and supported by the Chinese government, to encourage mediation clauses in Belt and … Continue reading

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Filed under ADR institutions, Asia, Government proposals and consultations

Article published – ADR reform: one size does not fit all

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to consultation late last year. The interim report addresses concerns regarding a perceived underuse of ADR within some … Continue reading

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Filed under ADR, Confidentiality and privilege, Government proposals and consultations, Mediation (General), Refusal to mediate, UK

An international convention on the enforcement of mediated settlements – UNCITRAL moves one step closer

The UNCITRAL working group that has for several years now been considering the potential for an international enforcement regime for international mediation has now completed its work and produced draft instruments. At its most recent meeting in New York, the … Continue reading

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Filed under Government proposals and consultations, Mediation (General)

Report on the use of ADR in employment disputes

The Employment Lawyers Association (ELA) has issued a report examining the potential for greater use to be made of ADR in employment disputes. The report was prepared by an ELA working group, co-chaired by Peter Frost, partner in Herbert Smith Freehills’ employment team … Continue reading

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Filed under Employment, Government proposals and consultations, Herbert Smith Freehills news, Other ADR processes

EU Parliament Resolution on the implementation of the Mediation Directive

The EU Parliament has adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC), containing recommendations aimed at increasing the use of mediation in civil and commercial disputes throughout the EU. The Resolution follows a 2016 report by the EU Commission … Continue reading

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Filed under Government proposals and consultations, Mediation (General), Mediation Directive

Consultation on the relationship between courts and ADR in Europe

A consultation has been launched  "to consider the concerns that have arisen in Europe as a result of the exponential growth of numerous different forms of alternative dispute resolution".   The paper, entitled "The Relationship between Formal and Informal Justice: the … Continue reading

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Filed under ADR institutions, Government proposals and consultations

Singapore: proposed new legislation to encourage mediation

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 … Continue reading

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Filed under Asia, Confidentiality and privilege, Government proposals and consultations, Mediation (General)

ADR for financial disputes: Proposals to significantly enhance the Hong Kong Financial Dispute Resolution Scheme

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) … Continue reading

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Filed under ADR institutions, Asia, Government proposals and consultations

UK: Civil Courts Structure Review recommends expanded role for ADR

The recently published final report of Lord Justice Briggs in his Civil Courts Structure Review includes some interesting conclusions as to the role currently played by ADR in the civil justice system in England and Wales and a number of recommendations aimed at expanding that role. … Continue reading

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Filed under Government proposals and consultations, Mediation (General), Online dispute resolution (ODR), UK

UK: Interim report published in Civil Courts Structure Review

An important judicial report has been published examining the need for changes to the court structure and processes for civil justice in England and Wales. The Civil Courts Structure Review by Lord Justice Briggs was commissioned by the senior judiciary to coincide … Continue reading

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Filed under Government proposals and consultations, Online dispute resolution (ODR), UK