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Mediation United Kingdom

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

Ankura on

The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

Walkers on

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

BCLP

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

BCLP on

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution)...more

Cooley LLP

Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution

Cooley LLP on

The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a...more

Vinson & Elkins LLP

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Vinson & Elkins LLP on

Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more

Venable LLP

UK Signs Singapore Convention on International Mediation Settlement Agreements

Venable LLP on

In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International...more

Vinson & Elkins LLP

The UK to Sign The Singapore Convention — The New “New York Convention” for Mediation?

Vinson & Elkins LLP on

On 2 March 2023, the UK Ministry of Justice (“MoJ”) announced its decision to join the Singapore Convention on Mediation. The United Nations Convention on International Settlement Agreements Resulting from Mediation (or...more

Morgan Lewis

United Kingdom to Sign Singapore Convention on Mediation

Morgan Lewis on

Following a consultation, the UK government announced it will sign the Singapore Convention, thereby renewing its commitment to international commercial mediation and the United Kingdom’s position as a world-leading center...more

Proskauer - Minding Your Business

SORT IT OUT! The English Courts Take a Step Towards Mandatory Mediation

Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court...more

Faegre Drinker Biddle & Reath LLP

London Chamber of Arbitration and Mediation Publishes New Rules

The London Chamber of Commerce and Industry launched the London Chamber of Arbitration and Mediation (LCAM) in May 2020. This was a relaunch of the chamber of commerce’s original London Chamber of Arbitration, founded in...more

A&O Shearman

The Wagatha Christie trial – was litigation the right option?

A&O Shearman on

I have very little interest in footballers, their wives and girlfriends, or who said what about whom on social or mainstream media....more

A&O Shearman

‘Without prejudice’ mediation materials admissible to uphold settlement agreement

A&O Shearman on

This Court of Appeal ruling considers the ambit of existing exceptions to the ‘without prejudice’ rule. The defendant was successful in getting statements made in ‘without prejudice’ mediation position papers admitted in...more

JAMS

FRAND License Disputes: Litigation and ADR

JAMS on

A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often made by the circumstances. If a dispute arises regarding a license or other...more

Morgan Lewis

UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

Morgan Lewis on

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

Latham & Watkins LLP

English High Court Confirms Mediation Can Be Condition Precedent to Litigation

Latham & Watkins LLP on

In Ohpen Operations UK Limited v. Invesco Fund Managers Limited, the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation...more

JAMS

Intellectual Property (IP) Mediation in the English High Court

JAMS on

For the unacquainted, there are three divisions of the High Court of Justice in England and Wales. Intellectual property (IP) disputes fall under the jurisdiction of the Chancery Division, which also lists a range of trusts,...more

Hogan Lovells

Alternative Dispute Resolution in England and Wales

Hogan Lovells on

A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. ...more

Hogan Lovells

Setting the boundaries: a new protocol for resolving disputes

Hogan Lovells on

When you hear the term “boundary dispute”, you probably imagine the following familiar set of circumstances: - Two parties at loggerheads over a small strip of land. - Entrenched positions holding sway over the...more

Orrick, Herrington & Sutcliffe LLP

EU/Swiss-U.S. Safe Harbor: More Scrutiny by the FTC?

On May 29, 2015, the Federal Trade Commission ("FTC") announced the approval of the final orders for two U.S. companies, TES Franchising, LLC ("TES") and American International Mailing, Inc. ("AIM"), settling complaints that...more

McDermott Will & Emery

Costs Sanctions For Failing to Respond to an Offer to Mediate: A Warning to Litigants in the UK

McDermott Will & Emery on

A recent UK Court of Appeal judgment demonstrates a clear and unequivocal endorsement of mediation and makes clear that a party who refuses to acknowledge or engage in an invitation to participate in mediation can face...more

JAMS

New Mediation Law in UK Geared to Divorcing Couples

JAMS on

Despite the efforts of a group of 6,500 mediators and millions of pounds spent by the government on advertising and diversion efforts, divorce mediation languished in Great Britain. The London Times reported that “only half...more

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