ADR Notes

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Compulsory ADR: Changes to court rules from 1 October 2024

LCAM-HSF survey on costs in mediation and arbitration

Offers to mediate: It is not the offeror's responsibility to chase a response

Proposed rule changes regarding the court's power to compel ADR

Correspondence about possibility of ADR was not “without prejudice” despite being marked as such

The High Court disallows a substantial proportion of a successful defendant’s costs on the basis of an unreasonable refusal to mediate

In Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020) (Wales), the High Court (the …

Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR

The High Court has imposed indemnity costs in two recent cases (DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and …

Hong Kong: Third party funding for mediation delayed

Hong Kong has published its long-awaited Code of Practice for third party funders and announced that amendments to the Arbitration Ordinance, which …

UK: Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation

Jan O’NeillProfessional Support Lawyer, London   The Civil Justice Council's ADR working group has released its final report on ADR and Civil …

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the …

UK: New ADR service for costs disputes

The Association of Costs Lawyers (ACL) has launched an ADR service dedicated to the resolution of costs disputes.  The service, …