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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 …
Showing 6 out of 6 results