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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 …
EU Parliament questionnaire on effective mediation policy
The European Parliament has issued a public questionnaire ('Assessing the Impact of the EU Mediation Directive and Exploring Legislative and …
Australia : Enforceability of heads of agreement following mediation
Following a successful mediation, parties usually prepare a formal agreement to record what was agreed. In some situations, the parties may …
Brooklyn test program requires mediation in certain civil cases
The first instance state court in Brooklyn (Kings County) recently initiated a test program requiring civil cases to be mediated before proceeding to …
UK Court of Appeal finds solicitor not negligent for failing to ensure legal enforceability of terms agreed at mediation
In a decision that will be of comfort to legal advisers representing clients at mediation, the Court of Appeal has upheld a finding that a solicitor was …
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. …
CIArb launches specialist property disputes service in the UK
The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputes Appointments Service (PDS) in the UK. This service builds upon …
Super Storm Sandy: New York's Mediation Program Commences
In the wake of Super Storm Sandy, which caused devastation to parts of New York and surrounding areas on 29 October 2012, the New York Department of …
UK: Jackson ADR Handbook published
The publication today by OUP of the "Jackson ADR Handbook" (the Handbook) forms part of the suite of measures introduced earlier this month to …
International Mediation Institute publishes survey results on in-house counsel's attitudes to mediation
The International Mediation Institute (IMI), a body which develops global professional standards for those involved in collaborative dispute …
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 …
New Texas Rule for Expedited Civil Actions
In February of 2013, the Supreme Court of Texas issued Texas Rule of Civil Procedure 169, which designs a streamlined and expedited trial process for …
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