Government proposals and consultations

Brexit: UK unwinds implementation of EU ADR laws

The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (2008/52/EC) after Brexit. The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (the Regulations) were made on 1 March 2019 and will come into effect on … Continue reading

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Filed under ADR, ADR institutions, Confidentiality and privilege, Government proposals and consultations, Mediation Directive, Online dispute resolution (ODR), UK

Hong Kong: Third party funding for mediation delayed

Hong Kong has published its long-awaited Code of Practice for third party funders and announced that amendments to the Arbitration Ordinance, which permit funding of Hong Kong arbitrations, will come fully into force on 1 February 2019.   However, proposed amendments to … Continue reading

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

UK: Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation

The Civil Justice Council’s ADR working group has released its final report on ADR and Civil Justice, following consultation on its interim report released last year. The broad mandate of the review was “to maintain the search for the right … Continue reading

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Filed under ADR institutions, Consumers, Costs, Government proposals and consultations, Mediation (General), Mediation Pilot Schemes, Online dispute resolution (ODR), Other ADR processes

Singapore Convention on enforcement of mediated settlement agreements published

Further to our earlier post, the Singapore Convention has now been published. It will be signed in Singapore on 1 August 2019 and will come into effect six months after at least three states have ratified it. The drafters’ goal … Continue reading

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Filed under Government proposals and consultations, Mediation (General)

New convention on the enforcement of mediation settlement agreements approved

On 26 June, at the 51st session of UNCITRAL, final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved. This paves the way for adoption by UNCITRAL’s Commission later this year. It is … Continue reading

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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