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Implementation of the Mediation Directive in England and Wales by April 2011
As we have previously reported, an EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The …
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
Think carefully before refusing to mediate
The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
Admissibility of without prejudice negotiations when ADR is refused
In the recent case of Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of …
Court of Appeal gives guidance on when it is reasonable to refuse ADR
In a judgment handed down this week, the Court of Appeal has given some welcome guidance for litigants on when it may be reasonable to refuse Alternative …
Showing 79 out of 79 results
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