Mediation (General)

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

A new international Convention for the enforcement of mediated settlements

We are soon to have a new international regime for the enforcement of mediated settlement agreements. The UN Convention on International Settlement Agreements Resulting from Mediation, which will be known as the Singapore Convention, was approved in June 2018 by UNCITRAL … Continue reading

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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)

UK commercial mediation market grows 20% – CEDR mediation audit results published

The Centre for Effective Dispute Resolution (CEDR) has released the results of its Mediation Audit 2018, based on a survey of practising mediators in the UK. (The results of parallel surveys of lawyer attitudes to mediation, and of US practitioners’ views, are to be published separately). The … Continue reading

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Filed under ADR institutions, Mediation (General), Mediation Pilot Schemes, Mediators

Dispute resolution in Asia-Pacific: Parties seek efficient processes and enforceable outcomes

Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania. Six Asia Pacific cities hosted conferences to … Continue reading

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Filed under ADR, Herbert Smith Freehills news, Mediation (General)

Global Pound Conference report published

The Global Pound Conference series – a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century – brought together over 4000 dispute resolution stakeholders, at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills, … Continue reading

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Filed under ADR, Herbert Smith Freehills news, Mediation (General)

Podcast: How arbitration and ADR can be used together

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (ADR) can work together. The podcast considers how parties can agree to an ADR process in addition to or alongside … Continue reading

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Filed under ADR, Mediation (General)

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)