Tag: compulsory mediation
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Civil Justice Council proposed reforms to pre-action protocols include controversial ADR provisions
Recent Civil Justice Council proposals for reforms to the civil pre-action protocols (PAPs) have sparked some concern that, if they are intended to apply …
LCAM-HSF survey on compulsory mediation
Following the success of the 2020 LCAM-HSF Mediation in Arbitration survey, we are delighted to announce that Herbert Smith Freehills is again joining …
Court of Appeal orders early neutral evaluation despite party objection
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent …
UK: Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation
Jan O’NeillProfessional Support Lawyer, London The Civil Justice Council's ADR working group has released its final report on ADR and Civil …
Article published – ADR reform: one size does not fit all
On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to …
CJEU holds that mandatory mediation is not inherently precluded by EU law
The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to …
Advocate General Opinion on the Consumer ADR Directive and compulsory mediation
In a case referred to the Court of Justice of the European Union (CJEU) by the Italian courts, an Advocate General opinion has been issued …
ADR for financial disputes: Proposals to significantly enhance the Hong Kong Financial Dispute Resolution Scheme
The Hong Kong Financial Dispute Resolution Centre (FDRC), which since June 2012 has been providing ADR services to financial institutions and their …
Herbert Smith Freehills launches latest Guide to Dispute Resolution in Asia Pacific
Please click here to preview this publication. To request a copy of the guide, please email [email protected]. Our updated Guide to …
English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation
In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …
Australia: at what stage is it appropriate for the court to refer cases to ADR?
The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of …
ECJ issues its opinion in support of Italian mandatory mediation rules
The implementation of new domestic Italian legislation requires parties to engage in mediation as a pre-condition to accessing the Italian courts in many …
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