In Kajima v Children’s Ark, the Court of Appeal agreed that uncertain Alternative Dispute Resolution provisions that were a condition precedent to commencing litigation were unenforceable. A UK ...

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 ...

Alternative dispute resolution, a process by which a neutral third party helps parties reach an agreement without litigation, is more successful during the pre-complaint stage compared with the formal ...

When it comes to major commercial disputes in the English courts, it is now rare to reach trial without the parties attempting to settle through some form of Alternative Dispute Resolution (ADR), ...

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There is a long-standing debate in alternative dispute resolution (ADR) circles, particularly in the mediation community, about whether industry knowledge and expertise are necessary for a neutral to ...

The Council and the European Parliament have reached a provisional agreement to update, simplify and facilitate the existing alternative dispute resolution (ADR) framework, with the aim of making ...