ADR Notes

Without prejudice rule: High Court emphasises narrow scope of exceptions

Correspondence about possibility of ADR was not “without prejudice” despite being marked as such

Should the UK sign the Singapore Convention? Weighing the issues…

High Court finds parties agreed to vary application of “without prejudice” rule in subsequent “without prejudice save as to costs” correspondence

The High Court has held that correspondence marked "without prejudice save as to costs" and which described the conduct of prior "without prejudice" (WP) …

Brexit: UK unwinds implementation of EU ADR laws

Article published – ADR reform: one size does not fit all

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to …

High Court decision potentially extends exceptions to without prejudice protection

In a recent decision, the High Court has found that documents relating to negotiations regarding recoverable litigation costs had to be disclosed to a …

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the …

Singapore: proposed new legislation to encourage mediation

A Mediation Bill has recently been put before the Singapore Parliament with a view to encouraging the growth of mediation in the …

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to 'unambiguous impropriety'

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a …

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives …

ADR in the UK - article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …