ADR


Solicitors “ignorant about prof neg adjudication”

22 August 2019

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.


Court of Appeal highlights value of early neutral evaluation

21 August 2019

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.


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

9 August 2019

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.


“No evidence” that compulsory mediation is better than voluntary

27 June 2019

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


Chambers launches private early neutral evaluation service

13 June 2019

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


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

31 May 2019

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.


Jackson: Arbitration parties should seek court guidance more often

1 May 2019

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.


Gross defends arbitration against claim it damages common law

22 January 2019

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.


CJC bids to strengthen appeal of ADR short of compulsion

5 December 2018

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.


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

8 October 2018

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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