Mediation

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Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
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9th Nov
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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9th Nov
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
Read More >
9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov

Most recent Mediation content

Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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19th Apr
Practice notes
This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement,...
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15th Apr
Practice notes
This Practice Note summarises the key decisions illustrating the court’s approach when considering whether or not to penalise a party in costs for...
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15th Apr
Precedents
Private & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR...
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9th Apr
Precedents
PRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert name of client][insert case heading]This letter sets out a summary...
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9th Apr
Precedents
[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR NoticeOur respective...
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9th Apr
Practice notes
This Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may include, how they are set and how and...
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8th Apr
Practice notes
What is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation Service. This is a service...
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8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The provisions in this Practice Note came to an end on Monday 31 March 2014 when...
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8th Apr
Practice notes
Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...
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8th Apr
Practice notes
Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitrationADR clause/notice—a clause in a contract...
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7th Apr
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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7th Apr
Practice notes
The opening presentations will be made by each party in a joint meeting at the beginning of the mediation, for further detail of how mediations may...
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7th Apr
Practice notes
This Practice Note considers:•the basis of your obligations with regard to alternative dispute resolution (ADR) generally•your obligations with regard...
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7th Apr
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil...
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7th Apr
Practice notes
This Practice Note covers how to initiate a mediation. It considers contractual disputes where the contract contains a mediation or alternative...
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7th Apr
Practice notes
In readiness for the mediation, it is usual for the parties to prepare a number of documents which are to be provided to the mediator (and all...
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1st Apr
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil...
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1st Apr
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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31st Mar
Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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26th Mar

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