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A form of alternative dispute resolution in which a mediator follows a structured process to facilitate an agreed settlement between parties to a dispute.
HM Courts Service provides a voluntary mediation service for small claims. In other cases, an unreasonable refusal to attempt mediation can have adverse costs consequences.
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Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...
Remote access mediation—checklist This Checklist on remotely accessed mediations summarises the key considerations when deciding whether and, if so, how, to engage in a remotely accessed mediation via video conference (VC). The arrival of the coronavirus (COVID-19) pandemic saw an increase in the use of remotely accessed mediations, ie mediations carried out online by way of VC. VC mediations (also commonly referred to as ‘online mediation’, ‘remote mediation’ and ‘remotely accessed mediation’) are not the only means of conducting a non face-to-face mediation, you can also mediate by telephone. That said, the ease and increased user functionality of the various platforms offering VC have lent themselves well to the process for remote access mediation. For information on the parties’ obligations to consider alternative dispute resolution (ADR) and the courts’ powers with respect to ordering or encouraging the parties to consider ADR, both before and during any litigation, see Practice Notes: Court powers to order or encourage ADR in civil proceedings and Court powers to order or encourage ADR in civil...
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This Practice Note covers Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, the Mediation Directive. It addresses the Directive’s application and definitions and it also covers the mediation process under the Directive, including recourse to quality mediation, the European Code of Conduct for Mediators, confidentiality, limitation and prescription periods and enforceability of settlement agreements resulting from mediation.For information on the implementation and evaluation of the Mediation Directive, see Practice Note: Mediation Directive—implementation.The objective and scope of the Mediation DirectiveThe objective of the Mediation Directive is to secure better access to justice and to encompass access to judicial as well as extrajudicial dispute resolution methods (Recital 5). The benefit of using mediation is to provide a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes that were tailored to the needs of the parties. Any agreement that is resulting from mediation is more likely to be complied with voluntarily and...
This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors.What is med-arb?Med-arb is a hybrid, two-stage alternative dispute resolution (ADR) process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator’s award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous.There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator present for an opening session. The mediator then conducts a mediation and the arbitrator is only involved again if the mediation fails to reach a settlement. In this variant, the mediation and arbitration...
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Letter to complainant—written response—deadlock or final letter [Insert complainant’s name] [Insert complainant’s contact address] Our ref: [insert complaint reference number] Dear [insert complainant’s name] I am writing to confirm I have concluded the investigation of your complaint that I received on [insert date complaint received]. 1 Your complaint The specific issues of your complaint were: [insert details] The investigations I undertook were: [insert details] 2 Our decision Based on these investigations I have concluded that: [insert details] 3 [ Remedy The remedies I think are appropriate are: [insert details] Please contact me by [insert date] to confirm whether you accept my proposed remedies. If you accept my proposed remedies I will ensure [insert details].] 4 Complaining to the Legal Ombudsman [We have been unable to settle your complaint using our internal complaints process. You may have a right to complain to the Legal Ombudsman OR If you are not satisfied with our consideration of your complaint you may be able to ask the Legal Ombudsman to consider...
Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...
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Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: • a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person • a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom • a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...
What practical tips are there for conducting a remote mediation? Practical tips for the mediator • never move a participant without being in the room with them, and announce the move clearly so they can acknowledge it. Being moved without adequate notice can be disconcerting • don’t rush the process. As parties get to grips with video mediation, progress can seem slow but in reality it is usually quicker with moves between rooms and settlement agreement drafting in particular being much quicker • get the mediation agreement signed in advance so you aren't spending time on the day agreeing the terms and sending to the parties and getting signatures etc Practical tips for the lawyer • recognise that you are going to have to do much more planning around the shape of the mediation • consider whether the mediation should be conducted over a number of conversations over a number of days, with a long stop • as external counsel prepare the client as you won't be in the same physical room. Decide how to...
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The Silicon Valley Arbitration & Mediation Center (SVAMC) has announced its unwavering commitment to diversity, equity and inclusion (DEI) initiatives in technological dispute resolution. SVAMC emphasised that its Tech List selection criteria explicitly consider diverse backgrounds, with the 2025 list including arbitrators from global locations including Paris, Sydney and Hong Kong. SVAMC highlighted that its approach encompasses multiple diversity factors including: geography, education and professional background, positioning this as essential for effective technology sector dispute resolution.
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Courts and Tribunals Judiciary’s updated guidance on the use of artificial intelligence and the Court of Appeal decision in Astrazeneca AB v Glenmark Pharmaceuticals Europe Ltd (interim and final injunctions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
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