ADR Notes

High Court orders commercial parties to mediate shortly before trial

The decision appears to be one of the first in which the High Court has exercised its new power to compel mediation.

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

The High Court revisits the issue of "mediation privilege" and proposes (obiter) broadening the "without prejudice" exceptions

High Court finds expert determination clause survived termination of the contract

Compulsory ADR: Changes to court rules from 1 October 2024

Adjudication: An important Supreme Court decision

LCAM-HSF survey on costs in mediation and arbitration

Without prejudice rule: High Court considers the estoppel exception

Offers to mediate: It is not the offeror's responsibility to chase a response

Civil Mediation Council to establish independent standard-setting body

Mandatory mediation commences for Small Claims

Proposed rule changes regarding the court's power to compel ADR