ADR Notes

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 …

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 …

The new Singapore Convention: Some practical issues to consider now

Malaysia: Disputes over terms of settlement underscore the importance of robustly drafted settlement agreements

As the spotlight shines on mediated settlements with the signing of the Singapore Convention on Mediation on 7 August 2019, it is timely to recall that …

46 countries sign the new Singapore Convention on mediated settlements

New Swiss Rules of Mediation

The Swiss Chambers' Arbitration Institution has announced the release of revised Swiss Rules of Mediation, which entered into force on 1 July 2019. The …

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) …

Mixed-mode dispute resolution: China's Belt and Road is driving change

Brexit: UK unwinds implementation of EU ADR laws

ADR for employment lawyers: lessons from the Civil Justice Council?

Peter Frost, Partner in our London office, has published a post on our Employment Notes blog reviewing the current and potential use of ADR in employment …

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