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Mediation in shareholder class actions - article published
Mediation can be a useful tool in shareholder class actions as in other types of litigation. There are a number of obvious advantages …
Before you leave the mediation - a reminder of the need to be clear whether a settlement agreement is subject to contract
A recent decision of the English High Court has underlined the need for parties who have agreed to settle a dispute to specify very …
New ICC Mediation Rules launched
As reported in our earlier post, here, the new Mediation Rules of the International Chamber of Commerce (ICC) came into force on 1 January this …
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 …
The future of legal education and practice: Should ADR be compulsory in legal education?
Legal practitioners must understand which factors make ADR appropriate and must educate their clients to assist them in choosing the most appropriate …
Australia: at what stage is it appropriate for the court to refer cases to ADR?
The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of …
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 …
Case Study: settlement of mass claims arising out of World Trade Center litigation
Herbert Smith Freehills acts for the Lend Lease group of companies (LL LMB) in relation to the World Trade Center (WTC) clean-up litigation …
South Australia creates office of small business commissioner to assist small businesses in resolving disputes through ADR
There are some 142,000 small businesses in South Australia and an office dedicated to supporting dispute resolution and avoidance in this area …
Review of Australia's consumer external dispute resolution arrangements likely in 2013
Australia's shadow minister for financial services, Mathias Cormann, has acknowledged that there are legitimate concerns over procedural matters and …
Australian Taxation Office's use of ADR to be improved according to Inspector-General
The Inspector-General of Taxation published his Review into the Australian Taxation Office (ATO)'s use of early and alternative dispute …
New South Wales proposals for small business mediation
In a month-long consultation released on 28 June 2012, the NSW Government proposed that its small business commissioner be empowered to require a party …
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