Any increased use of arbitration to resolve private disputes must be something to be welcomed. There is an arbitration model which allows the Arbitrator to make just one decision: is …
In this article Jacqui reviews the recently published report of the Civil Justice Council on Compulsory ADR. This report covers two areas: Can the parties to a civil dispute be …
In this post Iain looks at a recent case, which dealt with Heads of Terms reached at a mediation. Were they binding? He reflects upon some possible lessons for mediators …
In our last post on this topic Jacqui Joyce and Peter Bourke outlined the proposals in the Property Boundaries (Resolution of Disputes) Bill, which if enacted, will establish a system …
Jacqui Joyce looks at a recent case which held that it is not enough for parties to agree to mediate. In order to avoid costs penalties they must actively get …
The Property Boundaries (Resolution of Disputes) Bill has recently cleared its second reading in the House of Lords. In this article Jacqui Joyce and Peter Bourke look at the proposals. …
A reference in a Reply, to the defendant refusing to mediate, was struck out. It breached the rule against disclosure of without prejudice correspondence. (R (Wildbur) v Ministry of Defence …
If you do not mediate in a case in which you are involved as a result of your previous solicitor’s negligence, can this be treated as a failure to mitigate? …
Parties to major building projects have openly discussed the effectiveness of signing up in advance to their own agreed form of alternative dispute resolution, rather than relying on adjudication or …
The judge in this latest case (Bradley v Heslin) started off the judgment with the following words: “Rather to my surprise I find myself trying a case about a pair …