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Court of Appeal defends successful party's refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court’s discretion on costs, holding that a …
Refusal to mediate and effect on Part 36 costs
In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry …
Lord Justice Jackson emphasises role of ADR in resolving disputes
Lord Justice Jackson has recently strongly endorsed the central role ADR has to play in our civil litigation landscape. A recommendation in his January …
Court of Appeal pilot mediation scheme started April 2012
A new Court of Appeal mediation pilot started on 2 April 2012 and will run for a year. It will be managed by the Centre for Effective Dispute Resolution …
Regional mediation pilot scheme launched for employment disputes
On 23 January 2012 the Department for Business, Innovation and Skills (BIS) announced a pilot scheme for two regional mediation networks for small and …
UK Government to introduce automatic referral to ADR in smaller disputes
The government response has been published to its consultation on "Solving disputes in the County Courts: creating a simpler, quicker and more …
New Spanish law on mediation
The Royal Decree-law of 5 March 2012 on civil and commercial mediation was published in the official Spanish journal on the 6 March 2012. With this new …
Ireland publishes draft Mediation Bill
In March 2012 the Ministry of Justice in Ireland published the Scheme of a Mediation Bill following the publication of the draft Mediation Bill by the …
Mediation holds steady in the USA
A recent survey of general counsel and senior lawyers at Fortune 1000 corporations has found that arbitration usage is in decline whilst mediation is …
Growing role of ADR in South Africa
ADR, in particular mediation, is set to take a central role in the litigation landscape in South Africa. New court rules make mediation a …
Heather Gething becomes latest Herbert Smith accredited mediator
Heather Gething, head of the firm's tax disputes practice, has recently become a CEDR accredited mediator. This brings the total number of accredited …
Court of Appeal criticises failure of disputing neighbours to mediate
Faidi v Elliott Corp [2012] EWCA Civ 287 concerned noise between neighbouring flats in London. The Court of Appeal found that such disputes are much …
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