ADR


boundary fence

Call to prioritise ADR in boundary disputes

Neighbours involved in boundary disputes should be steered towards alternative dispute resolution, and cases that reach court must be closely controlled, the Civil Justice Council has said.

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Solicitors “ignorant about prof neg adjudication”

There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.

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Court of Appeal highlights value of early neutral evaluation

Requiring parties to submit to early neutral evaluation against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.

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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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Blog

21 September 2020

Why arbitration hasn’t worked for personal injury

I can’t say I’m surprised that PIcARBS looks to have run its course. While the lack of interest has been put down to lawyers not wanting to trial the service, market forces are decisive and the market is right.

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