ADR & Mediation

Articles

Do not ignore a reasonable request to talk things over

Mediation is back in the spotlight and, as the recent PGF II case shows, failing to engage could lead to costs sanctions, warns Jason Hunter

Civil conduct | In praise of independent arbitration proceedings

Colin Gibson welcomes the Supreme Court decision providing clear support for arbitration clauses choosing England as the dispute resolution centre

Susskind attacks CJC for dismissing online dispute resolution

IT expert warns of 'inevitable move' away from sole practices and small firms

Litigation focus | Gentle persuasion: Easing lawyers into embracing alternative dispute resolution

Alternative dispute resolution, by its nature, ?must be entered into willingly by both parties. Julian Copeman asks to what extent ?lawyers have a duty to encourage their ?clients to use this method of settlement ?at an early stage in proceedings

Civil conduct | Is mediation worth the money?

The Court of Appeal has stressed that there are legitimate circumstances when mediation ?is not appropriate, but if a party is found to have unreasonably refused to mediate they ?may be penalised on costs, warn John Bramhall and Melissa Jones

'We should be given inquisitorial powers'

DJ Richard Chapman talks to Jean-Yves Gilg about why he believes the role of district judges must radically change and procedures be overhauled if county courts are to effectively tackle upcoming challenges

Clinical negligence claims 'entirely suitable for ADR'

Clinical negligence disputes are "entirely suitable" for alternative dispute resolution mechanisms, Lord Justice Jackson has repeated in an attack against sceptics last week.

The government's mediation plans haven't been thought out

In its haste to channel disputes through mediation and control the process centrally the government is killing off successful local schemes and jeopardising its own objective, says Jeremy Ferguson