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Automatic referral to mediation in UK County Court Money Claims Centre adopted permanently
We previously reported on the commencement of a pilot scheme at the County Court Money Claims Centre (CCMCC), to test the operation of automatic …
UK: CEDR launches sixth biennial Mediation Audit
The Centre for Effective Dispute Resolution (CEDR) is inviting interested parties in the UK to take part in its Mediation Audit 2014, run …
UK: TCC decision underlines the importance of dispute resolution provisions being clearly incorporated in contractual documentation
The Technology and Construction Court has recently granted an injunction restraining an adjudication from proceeding, on the basis of a finding that the …
UK: Review of ADR in the Chancery Division of the High Court
A review of current practices and procedures in the Chancery Division of the High Court (known as the Chancery Modernisation Review) was …
UK: Court of Appeal clarifies time limits for claiming repayment in adjudication
A recent Court of Appeal decision has clarified an important issue regarding the situation where a party makes a payment pursuant to an adjudication …
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: Collateral warranties in construction projects may attract statutory adjudication rights
The UK Technology and Construction Court has recently delivered a judgment that has the potential to increase the use of adjudication as a means of …
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 …
CPR and CEDR agreement to promote ADR in UK
The International Institute for Conflict Prevention and Resolution (CPR) and the Centre for Effective Dispute Resolution (CEDR) have announced an …
Natural justice in adjudication
It is now well established that the courts will refuse to enforce an adjudicator's decision if the manner in which he has gone about his task is …
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 High Court finds conciliation clause too uncertain to be enforceable
As discussed in relation to the Sulamerica case (see post), it is relatively common to have a tiered dispute resolution clause providing for conciliation …
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