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.

Read More

“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.

Read More

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

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

← Older posts Page 1 of 4