All Alternative dispute resolution articles – Page 2
-
OpinionThe need for 'judicial ADR activism' after Churchill v Merthyr Tydfill
For alternative dispute resolution to be a truly integral part of the civil court process, judges must be 'ADR active'.
-
News'Oven-ready' Arbitration Bill introduced to parliament
Measure follows Law Commission recommendations - and bill lost in pre-election wash-up.
-
FeatureADR consultation: LSLA responds
Consultation sought views and comments on a limited number of proposed changes to the Civil Procedure Rules.
-
-
NewsLady chief justice calls for united front on ADR
Judiciary and practitioners need to familiarise themselves with new hybrid forms of dispute resolution, disputes week conference hears.
-
NewsWinning defendants lose 25% of costs after spurning ADR
Judge finds that successful parties were unreasonable in declining to engage in alternative dispute resolution.
-
NewsJudge stays financial proceedings to allow non-court resolution
Divorce hearing is a 'paradigm case' for the court to exercise its new powers on ADR.
-
NewsMoJ ‘moves the dial’ on mandatory mediation
Procedure for higher value claims 'seems to work well in Ontario', conference hears.
-
OpinionChurchill and the truth about mediation
Who is right: the common law or the lord chancellor?
-
OpinionEarly legal advice pilot: resolving the family court crisis
When it comes to family justice and diverting more cases away from court, lawyers are part of the solution, not the problem.
-
OpinionThe legal sector can do better at conflict resolution
What shifts are we seeing in dispute resolution, and how can lawyers and the profession as a whole embrace these changes?
-
FeatureChurchill: Courts have power to compel parties to engage with ADR
Alternative dispute resolution.
-
NewsKnotweed judgment ‘should help resolve disputes faster, with less expense’
Interveners in Japanese knotweed case comment on judgment which rules staying claims for dispute resolutions, including mediation, lawful.
-
NewsStay on proceedings for mediation is lawful, Court of Appeal rules
But judges did not order a stay in Welsh Japanese knotweed case as council’s internal complaints procedure ‘may not be most appropriate process’.
-
NewsCounsel get into the weeds
While knotweed itself is no joke, the opening day of Churchill v Merthyr Tydfil – the Japanese knotweed ADR case - had moments of humour.
-
OpinionCompulsive viewing – all eyes on Churchill
Churchill v Merthyr Tydfil County Borough Council could significantly reshape the litigation landscape.
-
NewsInternal complaints procedures 'are not ADR', Court of Appeal hears
Case centres on nuisance claim brought against Merthyr Tydfil County Borough Council.
-
NewsLandmark case on compulsory mediation opens in Court of Appeal
Welsh local authority argues nuisance claim should be stayed until the claimant has engaged with other alternative dispute resolution options.
-
News‘Without prejudice’ letter on ADR was ‘plainly not’
Costs ruling finds a letter referred to in submissions did not relate to communications about specific offer.
-
OpinionGovernment has moral imperative to fix child court backlogs
Family lawyers would welcome an active role from the government in the promotion of alternative dispute resolution.