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UK: Further guidance on when refusal to mediate may attract costs sanctions
A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it …
Failure to engage with ADR proposals: UK Court of Appeal extends the Halsey principles
The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing …
UK High Court claim struck out as full redress was available under an ADR scheme
The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants …
UK: post Jackson reforms – are mediation costs recoverable?
Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions. …
English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation
In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …
English Court of Appeal reviews test for unreasonable refusal to mediate and provides guidance on approach to negotiation
In a judgment handed down in October 2012 but only recently made available, the English Court of Appeal has set out guidance on …
Australian Federal Court rules on compliance with “genuine steps” requirement
The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute …
ADR in the UK - article published
Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …
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 …
Refusal to mediate and effect on Part 36 costs
In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry …
Lord Justice Jackson emphasises role of ADR in resolving disputes
Lord Justice Jackson has recently strongly endorsed the central role ADR has to play in our civil litigation landscape. A recommendation in his January …
Court of Appeal criticises failure of disputing neighbours to mediate
Faidi v Elliott Corp [2012] EWCA Civ 287 concerned noise between neighbouring flats in London. The Court of Appeal found that such disputes are much …
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