Tag Results

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer

The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council said today, but it stopped short of calling for the introduction of compulsory ADR. However, a minority of members on the expert working group behind the report did back compulsion.

October 17th, 2017 | No Comments »

Number of commercial mediations hits 10,000 a year

The number of commercial mediations has grown by over 5% in the past two years to around 10,000 every year, a survey has estimated. The report by the Centre for Effective Dispute Resolution (CEDR) also found that fees earned by mediators were climbing significantly.

May 16th, 2016 | No Comments »

Brooke: government lawyers must take part in mediation even if it means “losing business”

Sir Henry Brooke, former Vice-President of the Court of Appeal’s Civil Division, has called on government lawyers to “involve themselves in mediations even if they perceive that they may be losing business for themselves”.

January 12th, 2016 | No Comments »

‘First ever ruling’ punishing losing defendant for rejecting offer of costs ADR

Irwin Mitchell is claiming to have won the first ever ruling punishing a losing defendant for rejecting an offer to mediate the costs of their dispute. Partner Tom Blackburn said the ruling was “exciting” because it applied to all forms of litigation, not just medical negligence..

December 14th, 2015 | No Comments »

CJC argues against mediation service run by small business commissioner

The Civil Justice Council has argued against the idea that the government’s proposed small business commissioner should set up a new mediation service. The CJC was highly critical of plans to penalise businesses which failed to take part in mediation.

September 8th, 2015 | No Comments »

Extend divorce mediation meetings to “smaller civil cases”, Lord Neuberger says

Lord Neuberger has said that the compulsory mediation information and assessment meetings (MIAMs) introduced for separating couples should be extended to “smaller civil cases”.

May 13th, 2015 | No Comments »

Ageing rockers’ ailments – can nothing be kept secret anymore?

The Rolling Stones were apparently “deeply upset” – as anyone would be – after leaked court documents last year revealed confidential medical information on band members. Mick Jagger, Keith Richards and Ronnie Wood, are, it has now been revealed, mortal and subject to the same ravages of age as the rest of us.

March 10th, 2015 | No Comments »

Metropolitan Police loses a third of its costs after failure to engage in ADR

The High Court has sliced a third from the costs of a defendant who won “on every substantive issue” because of failure to engage in alternative dispute resolution (ADR).

February 20th, 2015 | No Comments »

MoJ rejects compulsory mediation or expert determination for boundary disputes

The Ministry of Justice (MoJ) has rejected compulsory mediation or use of experts as a way of keeping “unduly bitter, expensive and time-consuming” boundary disputes away from the courts.

January 20th, 2015 | No Comments »

Wales could be focus for ADR in UK, says study

Wales could become the UK’s main hub for ADR by establishing a national dispute resolution centre that would raise funds through offering commercial arbitration, according to a feasibility study.

May 1st, 2014 | No Comments »