Category: Alternative Dispute Resolution

Compulsory Mediation for Small Claims in England and Wales

Compulsory Mediation for Small Claims in England and Wales

Compulsory mediation is now mandatory for small claims under £10,000. Our litigation specialists are masters of ADR and regularly help clients navigate mediation in England & Wales.

Expert Litigation Barristers and Solicitors

When Stalled Litigation is an Abuse of the Proper Process of the Court

In addressing the challenge of stalled litigation, the Civil Procedure Rules provide an extensive legal framework designed to facilitate swift and just resolution of cases. Central to this framework is the overriding objective of the CPR, which mandates that cases should be handled justly and at proportionate cost.

Lexlaw v Zuberi – Agreed Public Statement on Settlement of Landmark DBA Litigation

Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.

Unexplained wealth order

High Court issues costs penalty for failure to resolve issues with ADR

This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.

lawyer conference room litigation adr mediation

LCIA launches new Arbitration and Mediation Rules

The London Court of International Arbitration have recently updated their guidance for Arbiters to account for remote Arbitrations. The changes to their rules will come into effect on 1 October 2020 and will only effect arbitrations that commence after this date.

lawyer conference room litigation adr mediation

Alternative Dispute Resolution: Mediation v Arbitration

Mediation and arbitration are alternatives to litigation. Mediation is “without prejudice” commercial negotiation to settle a dispute. Arbitration is a private court hearing where parties agree to be bound by the decision of the arbitrator. Both forms of ADR have their pros and cons, and the most effective method depends on the parties themselves and the nature of the dispute.