ADR Notes

Mandatory mediation commences for Small Claims

Proposed rule changes regarding the court's power to compel ADR

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

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

New "non-consensual" ADR process in the Employment Tribunals adds to the momentum toward compulsory ADR

UK government proposes mandatory mediation in small claims and consults on increased regulation of the mediation industry

Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR

The High Court has imposed indemnity costs in two recent cases (DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and …

UK: Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation

Jan O’NeillProfessional Support Lawyer, London   The Civil Justice Council's ADR working group has released its final report on ADR and Civil …

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 …

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 …

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.  …

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 …