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European Commission publishes report on use of ADR by businesses
The European Commission has recently published the results of a pan-European consultation canvassing views on ADR usage at the business level. …
Australia: at what stage is it appropriate for the court to refer cases to ADR?
The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of …
Herbert Smith Freehills hosts event on improving standards in mediation advocacy
On Thursday 6 December, Herbert Smith Freehills’ London office hosted an event organised by the Standing Conference of Mediation Advocates (SCMA), a …
Australian Federal Court rules on compliance with “genuine steps” requirement
The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute …
USA: Occupational Safety and Health Administration Announces ADR Pilot Programme for Whistleblower Complaints
The Occupational Safety and Health Administration (OSHA), which is part of the United States Department of Labor, has announced that it is implementing …
ADR in the UK - article published
Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …
Arbitration or ADR?
In Turville Heath Inc v Chartis Insurance Uk Ltd [2012] EWHC 3019 TCC, The UK High Court held that a clause providing for loss to be …
UK High Court reviews temporary binding effect of adjudicator's decision
A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or …
Herbert Smith Freehills launches Practical Guide to Mediation
In response to client demand, Herbert Smith Freehills has published its A practical guide to mediation. This is a simple guide to the …
UK: further case on enforcement and severability of adjudicator's decision
In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction [2012] EWHC 1039 …
UK tax assurance commissioner publishes new code of governance promoting early resolution of tax disputes
Her Majesty's Revenue and Customs (HMRC)'s new code of governance published on 1 November 2012 aims to resolve tax disputes collaboratively and …
Herbert Smith Freehills to host event on improving standards in mediation advocacy
On Thursday 6 December at 6pm, Herbert Smith Freehills' London office will host an event organised by the Standing Conference of Mediation Advocates …
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