ADR


Court “does not need consent of all parties” to order ENE

A court has the power to order early neutral evaluation even though one party has not consented to it, the Court of Appeal has ruled.

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“No evidence” that compulsory mediation is better than voluntary

There is no evidence that making mediation compulsory rather than voluntary produces better results, a review by the Scottish government has found.

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Chambers launches private early neutral evaluation service

No5 Chambers has launched a fixed-fee private early neutral evaluation service for claims worth up to £25,000, echoing the financial dispute resolution appointment in family proceedings

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Inheritance battle “screams out” for judge-led ADR, says court

A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.

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Jackson: Arbitration parties should seek court guidance more often

A provision in the Arbitration Act 1996 that allows the courts to rule on points of law during arbitration proceedings is under-used, Sir Rupert Jackson has suggested.

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Gross defends arbitration against claim it damages common law

A Court of Appeal judge has rejected the argument that the growth of arbitration to resolve commercial disputes has retarded the development of the common law.

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CJC bids to strengthen appeal of ADR short of compulsion

The Civil Justice Council has called for a ‘notice to mediate’ system used in Canada to be considered as the first step towards a more “automatic” system of alternative dispute resolution.

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David Pipkin 2

Mediation for clinical negligence claims – an ATE underwriter’s perspective

In reading the legal press over the last year or so, mediation for clinical negligence claims has featured regularly and there seems to be a momentum from both sides – perhaps more so from NHS Resolution – to promote it as part of the mainstream menu offered by litigators. Below is an in-depth look at these developments, viewpoints and some preconceptions on what is undoubtedly a topical subject.

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