ADR Notes

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

Mandatory mediation commences for Small Claims

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

Correspondence about possibility of ADR was not “without prejudice” despite being marked as such

Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider a more flexible bespoke protocol for commercial cases

New "non-consensual" ADR process in the Employment Tribunals adds to the momentum toward compulsory ADR

UK government proposes mandatory mediation in small claims and consults on increased regulation of the mediation industry

Compulsory ADR: A commercial litigation perspective

(Non) alternative dispute resolution in the UK civil courts: Has its day finally come?

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 …

UK: Civil Justice Council recommends court-compelled ADR

The High Court disallows a substantial proportion of a successful defendant’s costs on the basis of an unreasonable refusal to mediate

In Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020) (Wales), the High Court (the …