ADR
Jackson ADR handbook published today
The “Jackson ADR Handbook” has been published today pursuant to Lord Justice Jackson’s recommendation for publication of an authoritative mediation handbook for England and Wales. (Click here for our guide to the main Jackson reforms introduced earlier this month.) The Handbook is intended … Continue reading
Filed under ADR
Court of Appeal suggests rethink of prohibition on court-ordered compulsory mediation
The Court of Appeal has suggested that it may be time to review the rule in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 prohibiting a court from ordering unwilling parties to refer their dispute to mediation. … Continue reading
Filed under ADR
Court of Appeal guidance on assessing reasonableness in attempts to mediate and negotiate
The English Court of Appeal has given guidance on the issues a court should address when assessing the reasonableness of a successful party’s refusal to mediate and general approach to settlement: Newman v Framewood Manor Management Co Ltd [2012] EWCA … Continue reading
Filed under ADR
Our new Practical Guide to Mediation
Herbert Smith Freehills has published a simple guide to the mediation process and what to expect on the day, including a useful flow chart: Practical Guide to Mediation. It is intended principally for non-legal attendees/client representatives and outlines a typical template for a … Continue reading
Filed under ADR, Announcements
High Court declines to impose costs sanctions for refusal to mediate
In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on that basis: ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC). The judge’s … Continue reading
Filed under ADR
Launch of our new ADR blog: “ADR notes”
We have today launched Herbert Smith Freehills’ new “ADR notes” blog, which you can find at www.hsf-adrnotes.com or via the link in the “HSF blogs” tab in the top menu. ADR notes contains posts on the latest legal and practice developments in relation to mediation, … Continue reading
Filed under ADR, Announcements
Webinar alert: pre-action strategy
On Tuesday 29 May (12:45 to 1:45 UK time) John Ogilvie, Matthew Bonye and Alex Oddy will present a live audio webinar on pre-action strategy. The session will explore strategic considerations before proceedings are commenced, including: Immediate points to consider when a dispute arises; Pre-action … Continue reading
Filed under ADR, Announcements, Disclosure, Pre-action
Court of Appeal defends successful party’s refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court’s discretion on costs, holding that a successful party was not unreasonable to refuse mediation and should not be penalised … Continue reading
Lord Justice Jackson emphasises role of ADR in resolving disputes
One of Lord Justice Jackson’s recommendations, in his January 2010 report on civil litigation costs (click here for a summary of the key recommendations affecting commercial clients), was that all litigation lawyers and judges should be properly informed about the … Continue reading
Filed under ADR
Recent case law on expert determination
There has been a spate of recent case law relating to expert determination. In this post James Farrell, Emily Lew and Michael Mendelblat consider three judgments in which the court had to decide whether to stay legal proceedings in favour … Continue reading
