ADR Notes

Mandatory mediation commences for Small Claims

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

Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider a more flexible bespoke protocol for commercial cases

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

UK government report on responses to its Call for Evidence on ADR

The Ministry of Justice has published a Report summarising the responses it received to a Call for Evidence it issued in August last year. Although …

Court of Appeal orders early neutral evaluation despite party objection

The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent …

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 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 …

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 …

English Court of Appeal reviews test for unreasonable refusal to mediate and provides guidance on approach to negotiation

In a judgment handed down in October 2012 but only recently made available, the English Court of Appeal has set out guidance on …

ADR in the UK - article published

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

English High Court defends successful party's refusal to mediate and declines to impose costs sanctions

In ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Court …