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Herbert Smith publish The Inside Track - how blue-chips are using ADR and ADR Toolkit
In 2007 Hebert Smith undertook a major research study into how organisations were using ADR. 21 organisations participated in the research and came from …
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] …
No such thing as mediation privilege - yet
In a recent High Court case, Brown v Rice & Patel [2007] EWHC 625 (Ch), Mr Stuart Isaacs QC (sitting as a deputy judge of the High Court) held that …
Refusal to mediate is not unreasonable
In a recent High Court case (Hickman v Blake Lapthorn and David Fisher [2006] EWHC 12 (QB)), the judge was asked to consider whether one losing …
Stepping up to the plate: Why and when to consider taking a swing at baseball arbitration
Herbert Smith has advised Winterthur Swiss Insurance Company, a member of the Credit Suisse Group, in a major dispute with XL Insurance (Bermuda) …
Admissibility of without prejudice negotiations when ADR is refused
In Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of the costs …
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 …
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