The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).
It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in reaching a settlement of their dispute.
There are many reasons why seeking to settle a dispute is appropriate, ranging from preservation of relationship between the parties, litigation cost and time and maintaining confidentiality surrounding a dispute. Added to this, there is an increasingly strong impetus under the CPR urging parties to seek resolution of their dispute outside of court.
See Practice Notes:
Settling disputes—what, when and why settle?—Why settle your dispute?
ADR—pre-action and post-commencement of court proceedings—ADR—what is happening?
Comparison of forms of ADR and litigation
Therefore, when advising a client at the outset of a dispute, it is important to consider using an ADR process (such as mediation) to try to achieve settlement before embarking on an adversarial process (such as litigation or arbitration). However, ADR is not suitable for every form of dispute and you should consider:
the advantages and disadvantages of each method of dispute resolution
decide which is the most suitable method for resolving a particular dispute by applying these to the circumstances of your client’s dispute. For further guidance on the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.