News & Analysis as of

Mediation United Kingdom

IR Global

Funeral Disputes and the Rights to a Body

IR Global on

It is not uncommon for a dispute to arise over a funeral and the rights to a body. Over half a million people die each year in England and Wales with 581,363 deaths registered in England and Wales in 2023....more

JAMS

From Promise to Practice: Resolving the Mediation Paradox in Europe

JAMS on

This article explores the enduring underuse of mediation in civil and commercial disputes across the European Union (EU) and U.K., a phenomenon known as the "mediation paradox." Despite decades of policy support and legal...more

Cooley LLP

Mediation: Cracking the Hardest Nuts

Cooley LLP on

The last couple of years have seen a dramatic rise in the promotion of alternative dispute resolution generally and mediation in particular by the English judiciary. The Court of Appeal in Churchill v. Merthyr Tydfil County...more

Hogan Lovells

Seeing the light: rights of light in the post protocol era and early resolution of disputes

Hogan Lovells on

We were delighted to be joined by our panel of leading rights of light experts, including Paul Tonkin and Jonathan Karas KC - the authors of the rights of light protocol - and Nathasha Bray and Jerome Webb, who were part of...more

Hogan Lovells

Alternative Dispute Resolution in England and Wales (Updated)

Hogan Lovells on

Disputes in England and Wales are usually adjudicated after an adversarial process, either by a judge in court-based litigation or by an arbitrator in an arbitration. Litigation is governed by wide-ranging and detailed rules...more

A&O Shearman

LCIA Updates Costs and Duration Analysis

A&O Shearman on

The London Court of International Arbitration (LCIA) published a third analysis of the costs and duration of LCIA arbitrations on December 30, 2024. This iteration of the analysis has been long awaited, as it covers cases...more

Orrick, Herrington & Sutcliffe LLP

Tiered Dispute Resolution Clauses: Navigating Pitfalls in the U.S. and UK

Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A poorly worded clause can...more

BCLP

Mediation and the Limits of Without Prejudice Privilege

BCLP on

Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more

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

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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

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

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