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