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Australia : Enforceability of heads of agreement following mediation
Following a successful mediation, parties usually prepare a formal agreement to record what was agreed. In some situations, the parties may …
Natural justice in adjudication
It is now well established that the courts will refuse to enforce an adjudicator's decision if the manner in which he has gone about his task is …
The future of legal education and practice: Should ADR be compulsory in legal education?
Legal practitioners must understand which factors make ADR appropriate and must educate their clients to assist them in choosing the most appropriate …
Russian Supreme Commercial Court continues to push for reconciliation bill
In a recent interview, the Chairman of the Russian Supreme Commercial Court, Anton Ivanov, has expressed a view in support of the bill "On Making …
Alternative dispute resolution in Africa (Part 5)
Further to our previous four posts (Part 1, Part 2, Part 3 and Part 4) on the use of ADR in Africa we now feature in part 5 the responses from Niger, …
Brooklyn test program requires mediation in certain civil cases
The first instance state court in Brooklyn (Kings County) recently initiated a test program requiring civil cases to be mediated before proceeding to …
UK Court of Appeal finds solicitor not negligent for failing to ensure legal enforceability of terms agreed at mediation
In a decision that will be of comfort to legal advisers representing clients at mediation, the Court of Appeal has upheld a finding that a solicitor was …
EU: ADR Directive and ODR Regulation to enter into force
We have previously reported on EU legislative proposals for a directive on ADR in consumer disputes and a supporting regulation on …
Establishment of the Arab Center for Dispute Resolution in Jordan for IP disputes
The Arab Intellectual Property Mediation and Arbitration Society (AIPMAS) (based in Amman, Jordan) recently held an extraordinary meeting where it was …
Our new Asia disputes blog
We have today launched Herbert Smith Freehills’ new Asia disputes blog, Asia Disputes Notes, where you will find the latest updates on disputes related …
UK High Court finds conciliation clause too uncertain to be enforceable
As discussed in relation to the Sulamerica case (see post), it is relatively common to have a tiered dispute resolution clause providing for conciliation …
UK: post Jackson reforms – are mediation costs recoverable?
Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions. …
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