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: In Bassey v Whittaker, Mr Justice Cavanagh held that, absent agreement between the parties, a significant development in...
The Online Procedure Rule Committee has published a draft practice direction setting out the procedures that would apply to online County Court...
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
Dispute Resolution analysis: Following the dismissal of the claimants’ claims, it was ordered that they pay the defendant’s costs on the indemnity...
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...
Early Neutral Evaluation (ENE)This Practice Note explains early neutral evaluation (ENE), a form of alternative dispute resolution (ADR). It provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which the matter is proceeding, the
Mediation—advantages and disadvantagesThis Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales.What is mediation?Mediation is one of the most commonly recognised and used forms of
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
Costs consequences of refusing to consider ADR in civil proceedings—illustrative decisionsAn unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may render the refusing party liable to costs penalties, even if they are successful in the
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