Alternative Dispute Resolution (ADR) offers efficient pathways to resolving conflicts outside of traditional court settings. Enhance your practice with insightful guidance on mediation, arbitration, and negotiation. Stay ahead with strategies on minimising litigation costs, fostering client relationships, and achieving favourable outcomes. Unlock the potential of ADR to streamline the resolution process and deliver timely solutions for your clients.
The Court of Appeal allowed a second appeal and reinstated the costs judge’s case management decision refusing to strike out non-compliant points of...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
Construction analysis: This decision is the first reported judgment on section 149 of the Building Safety Act 2022 (BSA 2022) and provides important...
The Civil Justice Council (CJC) working group has published an update on its consultation on the use of artificial intelligence (AI) for the...
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation disputes. It defines expert determination and considers the agreement between the parties for choosing/appointing the
Mediation—advantages and disadvantagesThis Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales.What is mediation?Mediation is one of the most commonly recognised and used forms of
Mediation-arbitration (med-arb)—an introduction [Archived]ARCHIVED: This archived Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes. It is not maintained and is for background information only. For information on alternative dispute resolution (ADR) in
Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different levels of confidentiality:•one covering all that is said or happens during the mediation•the other covering the
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