ADR & Mediation

Articles

10 Dec 2013

Judicial encouragement in litigation should not be taken lightly

Mediation may seem like a box-ticking exercise, but take heed of Lord Jackson's guidance not to ignore an offer of alternative dispute resolution, says David Greene

14 Nov 2013

Arbitration costs 'much more' than litigation

Judges more incentivised than arbitrators to keep costs down, says Lord Neuberger

6 Nov 2013

Do not ignore a reasonable request to talk things over

Mediation is back in the spotlight and, as the recent PGF II case shows, failing to engage could lead to costs sanctions, warns Jason Hunter

5 Jul 2013

Civil conduct | In praise of independent arbitration proceedings

Colin Gibson welcomes the Supreme Court decision providing clear support for arbitration clauses choosing England as the dispute resolution centre

19 Mar 2013

Susskind attacks CJC for dismissing online dispute resolution

IT expert warns of 'inevitable move' away from sole practices and small firms

11 Sept 2012

Litigation focus | Gentle persuasion: Easing lawyers into embracing alternative dispute resolution

Alternative dispute resolution, by its nature, ?must be entered into willingly by both parties. Julian Copeman asks to what extent ?lawyers have a duty to encourage their ?clients to use this method of settlement ?at an early stage in proceedings

11 Jun 2012

Civil conduct | Is mediation worth the money?

The Court of Appeal has stressed that there are legitimate circumstances when mediation ?is not appropriate, but if a party is found to have unreasonably refused to mediate they ?may be penalised on costs, warn John Bramhall and Melissa Jones

2 Apr 2012

'We should be given inquisitorial powers'

DJ Richard Chapman talks to Jean-Yves Gilg about why he believes the role of district judges must radically change and procedures be overhauled if county courts are to effectively tackle upcoming challenges