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Results: 1-10 of 54

Pros and cons of common ADR processes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 2 2012

We set out in this document a short discussion of the advantages and disadvantages of some of the most common dispute resolution processes under the


Coalition government announces plans to promote greater recourse to ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

The UK coalition government has publicly committed to a greater use of mediation and other forms of ADR in the civil justice system (see the Ministry of Justice website for more details


Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim


Mediator summoned to give evidence at trial regarding the mediation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No 2) 2009 EWHC 1002 (TCC), the court concluded that in exceptional circumstances, the confidentiality provisions of the Mediation Agreement between the parties and the mediator can be set aside in the interests of justice


Lord Justice Jackson's costs review views on ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In January 2009 Lord Justice Jackson was appointed to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost


Conduct at mediation and its impact on costs assessed by the courts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

Two High Court cases (7th Earl of Malmesbury and others v Strutt & Parker and Nigel Witham Ltd v Robert Smith and others No. 2 ) reviewed and sanctioned an extension of the criteria set down in 2004 by the Court of Appeal in Halsey v Milton Keynes General NHS Trust beyond cases concerning mere refusals to mediate


The Standing Conference of Mediation Advocates
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

The Standing Conference of Mediation Advocates (SCMA) is a cross-professional membership organisation established to promote and deliver best practice and professional excellence in mediation advocacy through individual and corporate training and commercial activities


Party ordered to pay costs thrown away by late withdrawal from mediation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In Roundstone Nurseries Limited v Stephenson Holdings Limited 2009 EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation


Master of Rolls and Lord Chief Justice encourage increased use of mediation by legal profession
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

Sir Anthony Clarke, the then Master of the Rolls, and Lord Phillips, the then Lord Chief Justice, in respective speeches advocated the merits of ADR


Alternative dispute resolution e-bulletin
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 17 2012

Welcome to our first ADR e-bulletin of 2012