Upcoming Webinar: Attitudes to Compulsory Mediation in Arbitration and Litigation

On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on compulsory mediation in arbitration and litigation.

The recent LCAM-HSF survey on attitudes to compulsory mediation sought respondents’ views on whether a form of compulsory mediation should be introduced into the litigation and/or arbitration process and, if so, in what form. The webinar will look at these topics and other insights from the survey. Continue reading

WHICH COVID-19 COMMERCIAL RENT DISPUTE BODY SHOULD I USE? KEY TERMS COMPARED

The UK Government has introduced a new statutory scheme under the Commercial Rent (Coronavirus) Act 2022 (the 2022 Act) for the resolution of disputes between landlords and tenants in relation to rent arrears accrued during the pandemic. The background to the scheme and when it may be used is discussed in our earlier blog here.

Arbitration bodies must be approved by the Government in order to administer arbitrations under the scheme. The Department for Business, Energy and Industrial Strategy (BEIS) has now published a list of arbitration bodies (the Approved Bodies) that have been approved to do so. In this post, we consider the procedural requirements of the statutory scheme, the offerings of each of the Approved Bodies and how the scheme differs to the standard process adopted for arbitrations under the Arbitration Act 1996 (the Arbitration Act).

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MEDIATION IN ARBITRATION PODCAST: THE PROFILE OF MEDIATION IN ARBITRATION

We are pleased to share this Mediation in Arbitration podcast, in which Craig Tevendale, Chris Parker and Rebecca Warder discuss the results of the Herbert Smith Freehills and London Chamber of Arbitration and Mediation (LCAM) Mediation in Arbitration Survey. The podcast also covers potential barriers to mediation in international arbitration, how these might be overcome and the future of mediation in arbitration.

The snapshot survey delved into trends in mediation in arbitration, aiming to find out more about the current take-up of mediation in international arbitration. Mediators were asked to fill in the survey in relation to mediations undertaken in 2019 and 2020, answering four very straight-forward questions on:

  • the stage at which these mediations occur
  • their claim values
  • the proportion of mediator caseload they made up; and
  • how often mediation in arbitration leads to settlement

Over 50 mediators completed the online survey. Despite the majority of the time period covered by the survey falling into the pre-Covid-19-pandemic era, mediations in the later months of 2020 also fell into the survey window and in that timeframe patterns of claims, and also to some extent perhaps approaches to settlement, will have been impacted by the Covid-19 pandemic. While it will take some time to tease out the impact of Covid-19 on mediation patterns, the fact that the survey covered 2020 as well as 2019 means it provides a reasonably current picture.

The survey results highlighted the following key trends:

  • The timing of mediation: the survey showed fairly overwhelmingly that mediations in arbitration usually happen at the pre-document production stage. In fact, only 6% of the mediators who had experience of mediation in arbitration had not done a mediation pre-document production in 2019 or 2020.
  • The value of disputes mediated: high value arbitration claims are being resolved in mediation. The majority of mediators we surveyed who reported having some experience of mediation in arbitration said that they had carried out mediations in cases worth over £10M.
  • Mediator caseload: a quarter of the mediators had quite a significant mediation in arbitration practice, with around a third of their caseload made up of those cases. 10% of our survey sample had a lot of these cases and told us that the majority of their mediations were arbitration cases.
  • Settlement rates: the success rates which were reported by the majority of the mediators were pretty impressive. Just under half of the mediators who said they had mediated arbitration cases had settled at least 70% of these cases at the mediation across 2019 and 2020. Most of these mediators were reporting a success rate in the 80% plus bracket.

The podcast can be listened to on SoundCloud, Spotify and iTunes.

The results of the survey have been published here if you would like to read in more detail.

For further information, please contact Craig Tevendale, Partner, Chris Parker, Partner, Rebecca Warder, Professional Support Lawyer or your usual Herbert Smith contact.

Craig Tevendale
Craig Tevendale
Partner
+44 20 7466 2445
Chris Parker
Chris Parker
Partner
+44 20 7466 2767
Rebecca Warder
Rebecca Warder
Professional Support Lawyer
+44 20 7466 3418

MEDIATION IN ARBITRATION: INSIGHTS FROM THE LONDON CHAMBER OF ARBITRATION AND MEDIATION/ HERBERT SMITH FREEHILLS SURVEY

The Herbert Smith Freehills arbitration team has partnered with the London Chamber of Arbitration and Mediation to conduct a snapshot survey of more than 50 mediators, exploring their experience of mediation in arbitration in 2019 and 2020. The results of the survey shed light on current take-up of mediation in arbitration, the stages of the dispute at which these mediations are most likely to occur, claim values, and settlement rates. In this blog post we discuss and reflect on mediator responses to the survey, examining what the survey results reveal about the current trends in mediation in international arbitration. You can also watch a short video summarising the key findings of our research here.

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LCAM/HSF MEDIATION IN ARBITRATION SURVEY INITIAL RESULTS

The Mediation in Arbitration Survey is now closed and we are very grateful to the more than 50 mediators who have shared their experience with Herbert Smith Freehills and the London Chamber of Arbitration and Mediation.

The survey covered the current take-up of mediation in international arbitration, the stages of the dispute at which such mediations most commonly occur, claim values and settlement rates.

We are delighted to share an initial video snapshot of the Mediation in Arbitration Survey results, which can be viewed here.

We look forward to reporting in more detail on the results of the survey in due course.

For more information, please contact Craig Tevendale, Partner, Chris Parker, Partner, Rebecca Warder, Professional Support Lawyer, or your usual Herbert Smith Freehills contact.

Craig Tevendale
Craig Tevendale
Partner
+44 20 7466 2445
Chris Parker
Chris Parker
Partner
+44 20 7466 2767
Rebecca Warder
Rebecca Warder
Professional Support Lawyer
+44 20 7466 3418

LCAM/HSF MEDIATION IN ARBITRATION SURVEY

Herbert Smith Freehills is joining with the London Chamber of Arbitration and Mediation to conduct a new Mediation in Arbitration Survey.

The survey should provide a valuable opportunity to ascertain the current take-up of mediation in international arbitration. The survey also aims to identify the stages of the dispute at which such mediations most commonly occur, their claim values and settlement rates.

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