Alternative Dispute Resolution

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 […]

In arbitral proceedings under the law of England and Wales arbitrators and parties are subject to the Arbitration Act, 1996.  Curiously there is no duty in that Act to assure confidentiality.  Instead parties may provide for confidentiality in their arbitration agreements expressly, or may rely on the implied duty of confidentiality at Common Law:  Ali […]

In 2018 the Law Gazette (house publication of the Law Society of England and Wales) organised a Round Table to discuss information technology in dispute resolution, chaired by Eduardo Reyes (Features Editor of the Law Gazette) and reported by Joanna Goodman the discussion considered the current state of LegalTech in dispute resolution.  The article about […]

ADR which was for so long the Cinderella of civil litigation and to which so much lip service has been paid for so long is about to be established as the central feature of all civil litigation in England and Wales – if recent, Pan-like, initiatives by Government and Judiciary are to be believed. Already […]

A guest post by Tony Guise, director of DisputesEfiling.com Limited, a provider of online ADR platforms, and a past president of the London Solicitors Litigation Association Guise: Litigators can no longer work in silos A recent decision in the Court of Appeal concerning ADR is striking for a number of reasons, not least of which […]

Alternative Dispute Resolution In this podcast Tony Guise of Disputesefiling.com explains how the disputesefiling.com platform helps ADR schemes and providers flourish in a rapidly changing and growing market for their services.

CIArb Annual Mediation Symposium By the time this is published there will be just over 2 weeks before the 2019 CIArb Annual Mediation Symposium takes place in central London.  This year’s event is as timely as ever and has the theme: “Mediation in Times of Crises”.  Issues of crisis abound in the world from warring […]

Proposed Mediation (Scotland) Bill The response of DisputesEfiling.com Limited to Margaret Mitchell MSP’s consultation about a proposed Mediation (Scotland) Bill. In this Response the replies of DisputesEfiling.com Limited (DEF) are shown in plain font whilst the questions raised in the consultation appear in italics.  The questions have been copied and pasted from the consultation paper.  […]

Mandatory Mediation This question should matter to members of CIArb because it seems increasingly likely that in the coming months mediation will become mandatory in one way or another in two jurisdictions of the United Kingdom.  These are opportunities for CIArb to contribute to the development of the practice of mediation and increase the opportunities […]

Cyber security in mediation and arbitration In September 2018 the UK Information Commissioner imposed a fine of £500,000 on Equifax UK for a massive breach of data security in which Equifax UK had played no part.  Why was that?  The breach had in fact been allowed to happen by Equifax Inc, the USA parent of […]

Alternative Dispute Resolution Disputes about hedges engender deep feelings as do all kinds of boundary disputes. The location of bins as between adjoining properties may seem the kind of issue that should not divide neighbours.  But these are deeply divisive issues giving vent to neighbours’ defiant defence of their castles. Huge costs are run up, […]

Alternative Dispute Resolution In what remains of this Parliament two bills bear scrutiny and neither of them have anything to do with Brexit.  That in itself makes them worth considering.  One seeks to update a nineteenth century law protecting hares during the course of the breeding season.  The other, quite possibly with greater relevance to […]