News
News
Liability – What immunities or potential liabilities does a mediator have? Is professional liability insurance available or required?
There is no statutory requirement under UK domestic law to have any training, experience, professional accreditation or membership of a body in order to describe oneself as a ‘mediator’. However, in practice, unless a recognised course of...
CEDR’s 10th Biennial Mediation Audit – Cause for Optimism
The Centre for Effective Dispute Resolution’s 10th biennial audit, in conjunction with the Civil Mediation Council, makes for some interesting and positive reading for developments in the commercial mediation space since the last audit in 2020. The audit provides a...
To what extent, and how, is mediation encouraged in your jurisdiction?
Given the substantial time, expense and uncertainty that parties can face in litigation, and the limit to the resources available to the courts for the conduct of litigation, mediation in particular, and other forms of ADR, are strongly...
Has your state signed and ratified the UN Convention on International Settlement Agreements Resulting from Mediation or is it expected to do so?
The UK has not signed and ratified the Singapore Convention. However, the Convention can still apply to a mediation that takes place in the UK in circumstances where the commercial settlement agreement satisfies the requirements to be...
Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?
‘ADR’, ‘conciliation’ and ‘mediation’ are not legally defined by UK domestic law. ‘ADR’ is commonly understood to describe all dispute resolution methods other than court proceedings and arbitration. The Civil Procedure Rules generally describe...
SCMA – Knowledge Sharing – Conversation with Our Panel Arbitrator: Mr. Jonathan S. Lux
1. How many years have you been an arbitrator? What made you choose arbitration and how does your previous experience help in this regard? I have been an arbitrator for no less than 25 years. I know this because 25 years ago I drove in a classic car rally from Peking...
Geopolitical issues, Russia and maintaining ‘business as usual’ with mediation for commercial relationships
A POIGNANT MOMENT IN HISTORY 24 February 2022 will go down in history as a significant turning point following the collapse of the Soviet Union between 1988 and 1991 and, in particular, the pivotal event of the fall of the Berlin wall on 9...
UK Government commences open consultation on signing and ratifying the Singapore Convention on Mediation
Image credit: SIMC What is the Singapore Convention and why is it important? Since UNCITRAL opened the Singapore Convention on Mediation (“Convention”) for signature on 7 August 2019, there have been 55 signatories and nine countries have ratified the...
Further developments on using mediation as part of multi-tiered dispute resolution clauses
Multi-tiered dispute resolution clauses have been used for many years and the jurisprudence has recently accelerated in their development, to better support their proper practical application. Commonly, there is a pre-requisite when a dispute...
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