Government proposals and consultations

Online Dispute Resolution in the UK – new advisory group to kick start policy process

The Civil Justice Council (CJC) has established a new advisory group to explore the role that online dispute resolution (ODR) can play in resolving civil disputes. ODR involves the resolution of disputes across the internet, using techniques such e-negotiation and … Continue reading

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Filed under ADR, Government proposals and consultations, UK

UK: Review of ADR in the Chancery Division of the High Court

A review of current practices and procedures in the Chancery Division of the High Court (known as the Chancery Modernisation Review) was undertaken in 2013, led by Lord Justice Briggs.  The final report, published following consultation on a provisional report, includes … Continue reading

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

EU Parliament questionnaire on effective mediation policy

The European Parliament has issued a public questionnaire (‘Assessing the Impact of the EU Mediation Directive and Exploring Legislative and Non-Legislative Measures to Encourage the Use of Mediation in EU Member States’) to gather information about mediation policy and practice in civil and … Continue reading

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

UK: Jackson ADR Handbook published

The publication today by OUP of the "Jackson ADR Handbook" (the Handbook) forms part of the suite of measures introduced earlier this month to reform civil litigation in England and Wales. The Handbook is intended to inform litigants, lawyers and judges … Continue reading

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Filed under ADR, Government proposals and consultations, Mediation (General), UK

European Parliament adopts legislative Resolutions on ADR proposals

On 12 March 2013, the European Parliament adopted two key legislative measures regarding ADR in respect of consumer disputes. The first Resolution deals with the proposed Directive on alternative dispute resolution (ADR) and the second Resolution deals with the proposed … Continue reading

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Filed under ADR, Europe, Government proposals and consultations

ADR central to UK Government’s far-reaching reform of competition law class actions

The Government yesterday published its plans for reforming the UK regime for competition law private actions, following a detailed consultation exercise carried out last year. The wide-ranging reforms controversially include the creation of an opt-out collective action for competition law … Continue reading

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Filed under ADR, Consumers, Government proposals and consultations, Mediation (General)

European Commission publishes report on use of ADR by businesses

The European Commission has recently published the results of a pan-European consultation canvassing views on ADR usage at the business level. This will inform the European Commission’s desire to promote and facilitate ADR between businesses. Much of the European Commission’s recent work … Continue reading

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Filed under ADR, Europe, Government proposals and consultations, Mediation (General)

USA: Occupational Safety and Health Administration Announces ADR Pilot Programme for Whistleblower Complaints

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 … Continue reading

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Filed under ADR, Employment, Government proposals and consultations, Mediation (General), USA

ADR in the UK – article published

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, … Continue reading

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Filed under ADR, Confidentiality and privilege, Costs, Government proposals and consultations, Herbert Smith Freehills news, Mediation (General), Mediation Pilot Schemes, UK

Herbert Smith Freehills hosts Tax ADR Interest Group

The UK’s HM Revenue & Customs (HMRC) is now supporting ADR in the resolution of a wide range of tax disputes. On Monday 22 October Herbert Smith Freehills will host a Tax ADR Interest Group for stakeholders at our offices in London … Continue reading

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Filed under ADR, Government proposals and consultations, Herbert Smith Freehills news, Mediation Pilot Schemes, UK