ADR Notes

Without prejudice rule: High Court emphasises narrow scope of exceptions

High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

A recent Court of Appeal decision has highlighted the need to exercise caution when referring to privileged material in settlement agreements. The court …

Article published – Discussing settlement options: minding the gap between litigation privilege and the without prejudice rule

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 …

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 …

ADR in the UK - article published

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

Judicial mediation in mainland China explained

With the Chinese courts under increasingly heavy case loads, use of "judicial mediation" continues to be encouraged by all levels of the Chinese courts …

Hong Kong proposes new legislation to protect the confidentiality of mediations

Mediation is one of the cornerstones of the Civil Justice Reform in Hong Kong, and has now become a fixture in civil proceedings. Despite the judicial …

European Parliament publishes draft report on ADR in civil, commercial and family matters

In June 2011, the European Parliament published a draft report on ADR in civil, commercial and family matters. The report can be viewed here.In the draft …

Introduction of a Mediation Bill in Hong Kong

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to …

Herbert Smith webinar on recent ADR developments

On 5 April 2011, Herbert Smith held a webinar to update clients and contacts from a range of industry sectors on ADR developments. The webinar was …