ADR
Government’s proposals to encourage ADR in smaller disputes
The government response has been published to its consultation on “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, which asked for views on compulsory mediation information sessions, automatic referral to mediation, and extension of … Continue reading
Filed under ADR, Courts, Enforcement
European Parliament softens stance on EU class actions
In a resolution adopted on 2 February 2012 in response to the Commission’s 2011 consultation “Towards a coherent European approach to collective redress”, the European Parliament has taken a markedly less negative approach to the question of EU action on … Continue reading
Filed under ADR, Collective actions
Class actions: European Parliament sceptical of need for action at EU level
In its draft report published on 15 July 2011, the European Parliament’s Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful … Continue reading
Filed under ADR, Collective actions
Costs decision from the Court of Appeal in a “sad case about lost opportunities for mediation”
In Rolf v De Guerin [2011] EWCA Civ 78, the Court of Appeal considered an appeal about the costs of a small building dispute, in circumstances where the claimant succeeded on only a fraction of her claim and the defendant … Continue reading
Implementation of the Mediation Directive in England and Wales by April 2011
As we have previously reported, an EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The Directive, which only applies to European cross-border disputes rather than to disputes within any … Continue reading
Filed under ADR
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1002 (TCC) Mr Justice Ramsey considered an application by a mediator to set aside … Continue reading
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] [2008]EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension … Continue reading
Filed under ADR
Think carefully before refusing to mediate
The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others [2007] EWHC 1540 (Ch).
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and others [2007] EWHC 625 (Ch).
Filed under ADR, Contract, Settlement
Admissibility of without prejudice negotiations when ADR is refused
In the recent case of Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of the costs consequences that result from a party’s refusal to mediate … Continue reading
