ADR for employment lawyers: lessons from the Civil Justice Council?

Peter Frost, Partner in our London office, has published a post on our Employment Notes blog reviewing the current and potential use of ADR in employment disputes.  The post, which was first published in the Employment Lawyers Association (ELA) Briefing March 2019, can be accessed here.

As we have previously reported, Peter has co-chaired various reports on this issue by the ELA’s Arbitration and ADR Group.   The findings of those reports are discussed in the briefing “Employment ADR: The future” prepared by our Employment team in 2018,  which also considered data collected during the 2016-17 Global Pound Conference Series in the context of employment disputes in the key jurisdictions of Australia, France, Germany, Spain and the UK.

If you are interested in discussing the use of alternative methods for resolving employment disputes, whether that be introducing a workplace mediation scheme or exploring options for resolving an ad hoc dispute, please do get in touch with Peter or your usual Herbert Smith Freehills contact.

 

ADR in employment disputes

The Herbert Smith Freehills employment team has published a briefing 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 jurisdictions of Australia, France, Germany, Spain and the UK.

The briefing discusses the availability – and pros and cons – of various ADR methods for employment issues in those jurisdictions.  As we have previously reported, one of our London partners, Peter Frost, has co-chaired (with Paul Goulding QC of Blackstone Chambers) various reports on this issue by the Employment Lawyers Association’s Arbitration and ADR Group, and the article also reflects on those findings.

Click here to read the briefing.

Spain promotes civil and commercial mediation via collaboration agreement and new Act

On 10 October 2012, a collaboration agreement between Spanish judges and the Chambers of Commerce was signed to foster mediation as an alternative to formal dispute resolution. As a result of the agreement, commercial courts and first instance courts can refer cases to the Chambers of Commerce for mediation. Since its signature, a unified commercial mediation services system will be implemented in the 88 Spanish Chambers of Commerce, for which a model regulation and a standard training programme for mediators have been developed. These measures are intended to strengthen Act 5/2012 on mediation in civil and commercial matters (the Act), which came into force on 27 July 2012. The Act adopts in the large part the Royal Decree Law of 5 March 2012, transposing into Spanish legislation the Mediation Directive (2008/52/EC). Continue reading

New Spanish law on mediation

The Royal Decree-law of 5 March 2012 on civil and commercial mediation was published in the official Spanish journal on the 6 March 2012. With this new regulation the legislator has implemented into Spanish legislation the Mediation Directive. The Spanish legislation has extended the provisions to domestic mediations also.  The aim is to stimulate the use of mediation as a means of voluntary, flexible and cost-effective dispute resolution, thus reducing the close to 2 million legal proceedings per year brought before the ordinary Spanish civil courts and, in turn, lowering the costs currently faced by the Spanish judicial system.