Alternative Dispute Resolution (ADR) offers efficient pathways to resolving conflicts outside of traditional court settings. Enhance your practice with insightful guidance on mediation, arbitration, and negotiation. Stay ahead with strategies on minimising litigation costs, fostering client relationships, and achieving favourable outcomes. Unlock the potential of ADR to streamline the resolution process and deliver timely solutions for your clients.
Dispute Resolution analysis: The High Court stayed English proceedings challenging an enforcement and distressed disposal until related New York...
Dispute Resolution analysis: the High Court considered whether Kennedys Dubai LLP (Kennedys Dubai) could rely on a £3m liability cap in its retainer...
Dispute Resolution analysis: The High Court enforced a final Chinese money judgment at common law, rejecting arguments that supervisory and retrial...
Dispute Resolution analysis: A critical review of the Court of Appeal's landmark judgment in Salinas Pliego & Another v Astor Asset Management 3 Ltd,...
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
What is ADR?Definition of ADRAlternative dispute resolution (ADR) is described in the CPR Glossary as a ‘[c]ollective description of methods of resolving disputes otherwise than through the normal trial process’. Some courts use the term ‘negotiated dispute resolution’ (NDR) to refer to the
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation disputes. It defines expert determination and considers the agreement between the parties for choosing/appointing the
Mediation-arbitration (med-arb)—an introduction [Archived]ARCHIVED: This archived Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes. It is not maintained and is for background information only. For information on alternative dispute resolution (ADR) in
Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different levels of confidentiality:•one covering all that is said or happens during the mediation•the other covering the
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