Please read our evidence to this important Inquiry where we make the points that the Backlog can only be busted if robust measures are adopted to abbreviate court proceedings including the online management of ADR/ODR. The imminent re-activation of Housing possession cases on 23 August is just the start of the Tsunami of Litigation that […]
Alternative Dispute Resolution (ADR).DisputesEfiling.com delivers Cloud platforms for arbitrations, mediations, neutral evaluations providing justice faster and at lower cost than the civil courts.
This blog discusses the case known as Schrems II and provides practical advice to ADR Service Providers (ASPs) and ADR Neutrals about how to manage the fall-out. Judgment was handed down by the Court of Justice of the European Union (CJEU) on 16 July 2020. We do not address the case in detail; that […]
On 5 June the Government announced the extension of the stay on housing possession claims until the end of August via a Tweet by Robert Jenrick, Secretary of State for Housing: “We are suspending evictions from social & private rented accommodation by a further two months. Eviction hearings will not be heard in courts until […]
The Supreme Court recently decided that bankruptcy and liquidation is no bar to adjudication resolving issues in the construction sector. Could adjudication solve cash flow issues for all sectors? As the UK’s battered economy is about to go into freefall our blog looks at the decision in Bresco (17.06.2020) and speculates – is adjudication a […]
We believe this to be the first attempt to provide an empirical analysis of the Civil Justice response to the Lockdown. Using a range of sources from Government updates to Official Statistics and HMCTS’ Management Information a picture is drawn of the crisis which threatens to overwhelm the civil courts, Family courts and the Tribunals. […]
In early 2020 the Lord Chancellor delivered a Written Statement to the House of Commons explaining that the mandatory ADR element of the new online Official Injury Claim Service would not happen. Following that announcement DEF wrote to the Lord Chancellor explaining that the market capacity concerns could be overcome by using online management of […]
An evaluation of the NHS Resolution Mediation Evaluation The publication of NHS Resolution’s evaluation of their mediation programme in February 2020 has shone a light into the opaque world of mediation and ADR. The lamp of data has illuminated the success of ADR, in this instance mediation, in a way never done before. In a […]
The long march toward compulsory mediation In my article “ADR: the time has come” published by the Law Society’s Gazette on 7 November 2019 I summed up the changing environment for civil litigation with these words: “A restatement of the role and place of ADR in civil litigation within England and Wales is on its […]
What would you do if you were an administered arbitration scheme in search of an out-of-the-box internet solution to ensure your Neutrals and your Scheme are secure and compliant with data protection legislation? The options are self-build or endorse/list preferred providers. The self-build route has been undertaken recently by the Arbitration Institute of the Stockholm […]
The GDPR checklist for ADR Neutrals Arbitrators, Mediators, Evaluators, Adjudicators and the General Data Protection Regulation This article does not provide legal advice but a checklist of issues under the GDPR that every arbitrator, mediator, evaluator or adjudicator needs to ask him or herself every time an instruction is accepted. Our briefing provides a summary […]
More mediation, no bundles for SCCO but more money for Modernisation: something for everyone Once again this took place at the MoJ, 102 Petty France with, I reckon, 200+ delegates. Sidonie Kingsmill, HMCTS Customer Director, started proceedings with a summary of the three key objectives underpinning their Modernisation Programme and gave an explanation of current […]
The concerns expressed about Climate Change and the part carbon emission play is of importance to everyone and everyone can play a part in reducing emissions. This includes the ADR community. Arbitration leads to carbon emissions from flights taken by arbitrators and the parties with their teams of representatives to attend hearings. Video conferencing using […]