Tag Archives: Australia

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)

ADR in employment disputes

The Herbert Smith Freehills employment team has published an article examining the role of ADR within employment disputes, including considering the findings outlined in the recently released Global Pound Conference Report in the context of employment disputes in the key … Continue reading

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Filed under Employment, Herbert Smith Freehills news

Herbert Smith Freehills launches latest Guide to Dispute Resolution in Asia Pacific

Please click here to preview this publication.  To request a copy of the guide, please email asia.publications@hsf.com. Our updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of the basic questions a party unfamiliar with … Continue reading

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

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how … Continue reading

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Filed under Adjudication, ADR, ADR institutions, Expert Determination, Herbert Smith Freehills news, Mediation (General), Other ADR processes

Mediation in shareholder class actions – article published

Mediation can be a useful tool in shareholder class actions as in other types of litigation. There are a number of obvious advantages to defendant corporations in particular: minimising legal costs, reducing further publicity and impact on share price, and avoiding the considerable distraction to … Continue reading

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

Before you leave the mediation – a reminder of the need to be clear whether a settlement agreement is subject to contract

A recent decision of the English High Court has underlined the need for parties who have agreed to settle a dispute to specify very clearly if they intend that the terms agreed will not be immediately binding on them and will be subject to the … Continue reading

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Filed under Australia, Mediation (General), UK

New ICC Mediation Rules launched

As reported in our earlier post, here, the new Mediation Rules of the International Chamber of Commerce (ICC) came into force on 1 January this year, replacing the ICC’s Amicable Dispute Resolution Rules.  The new ICC Mediation Rules are currently on … Continue reading

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Filed under ADR institutions, Australia, Mediation (General)

Australia : Enforceability of heads of agreement following mediation

Following a successful mediation, parties usually prepare a formal agreement to record what was agreed.  In some situations, the parties may initially prepare a less formal document, sometimes called a ‘heads of agreement’.  Whether a heads of agreement is enforceable … Continue reading

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Filed under Australia, Mediation (General)

The future of legal education and practice: Should ADR be compulsory in legal education?

Legal practitioners must understand which factors make ADR appropriate and must educate their clients to assist them in choosing the most appropriate process. This is particularly important now that some ADR processes are integrated with pre-trial litigation procedures. This requires … Continue reading

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Filed under ADR, Australia

Australia: at what stage is it appropriate for the court to refer cases to ADR?

The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of disputes to ADR. However, recent case law, and commentary by the Honourable Chief Justice … Continue reading

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Filed under ADR, Australia