ADR

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ADR guidance:

This Practice Note considers applications to the courts of England and Wales (England and English are used as convenient shorthand) to stay litigation proceedings in...

Practice Note

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering settlement to determine a dispute. For...

Practice Note

Private & confidential [Insert name and address of other party's solicitors] [Insert date] Dear [insert organisation name] [Insert case heading]—ADR Notice We refer to...

Precedents

[Insert name and address of other party's solicitors] [Insert date] Dear [insert organisation name] [Insert case heading]—ADR Notice Our respective clients have failed to...

Precedents

This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and once proceedings have...

Practice Note

Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see...

Practice Note

Arbitration clauses and agreements provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. For...

Practice Note

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In...

Practice Note

This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period,...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on determining the settlement of...

Practice Note

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note provides guidance on when an expert’s determination may be challenged. It also...

Practice Note

This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement, conflict of interest and...

Practice Note

This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of alternative dispute resolution...

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...

Practice Note

1 Conciliation In the event of any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, validity or...

Precedents

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil Mediation Council (CMC)...

Practice Note

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a party liable to costs...

Practice Note

This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton Keynes. The principles...

Practice Note

This Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the Small Claims Mediation Service, the...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering settlement through mediation. For guidance,...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border matters, including...

Practice Note

Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will attempt to settle it...

Practice Note

This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant provisions of the CPR....

Practice Note

1 Early neutral third party evaluation In the event of any dispute or difference arising out of or in connection with this Agreement, including any question regarding its...

Precedents
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