ADR – Page 2 – Law Journals

ADR: Fair to compare

In the second of a two-part consideration of the role of the mediator and MIAMs, Andrew Baines highlights the advantages and disadvantages of mediation and the court process ‘By going to mediation, parents keep control over what is their process and their decisions taken in relation to the care of their child.’ Part one: ‘Outlining …

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ADR: Outlining options

In the first of a two-part consideration of the role of the mediator and MIAMs, Andrew Baines discusses the effects of the proposed children arrangements programme ‘The CAP indicates that court proceedings will normally only take place where there has been an assessment of alternative strategies which the parents could access to resolve their dispute.’ …

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ADR: Blessed are the peacemakers

Peter Taylor and Anna Robinson urge a fresh look at mediation ‘You should never ignore an invitation to ADR. If the timing or format of the ADR is an issue then it would be prudent to explain the reasons and suggest an alternative approach to ADR in the context of the dispute.’ Mediation is one …

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ADR: New world models

Felicity Shedden examines whether the hybrid ADR process of mediation-arbitration is dangerous territory or exciting opportunity ‘In England and Wales med-arb is already with us in the world of commercial litigation, but, until recently, it was not an available option in the family law arena.’ With the advent of the Institute of Family Law Arbitrators …

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ADR: Global view

In the conclusion to a two-part analysis, Suzanne Kingston and Rachael Kelsey examine the New York Convention and international arbitration States that are parties to the Convention, have undertaken to recognise and enforce arbitral awards made in states other than their own. This has significant implications, particularly for those of us who now find our …

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ADR: Wide focus

In the first of a two-part analysis, Suzanne Kingston and Rachael Kelsey take a comparative view of arbitration around the world The legal framework in Scotland is well suited to the arbitration model, already allowing parties to oust the jurisdiction of the court and come to their own decision without any form of cross-check. In …

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ADR: A health warning

Kate Andrews discusses a case that highlights the costs consequences of a refusal to consider ADR Furst QC confirmed in PGF that the burden rested on the claimant to demonstrate why there should be a departure from the general rule that the claimant should be liable for the defendant’s costs. The recent case of PGF …

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ADR: We can work it out

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Christopher Gilbert argues that we neglect arbitration at our peril Practitioners fear that arbitration is in danger of being sidelined by the Ministry of Justice, notwithstanding the aim published in its Business Plan in November 2010 to develop ‘proposals to promote wider use of alternative dispute resolution, including mediation, in the civil courts’. The Green …

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ADR: A fresh start?

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Maggie Rae contemplates recent ADR developments and the potential for further change ‘Where negotiations have broken down, or a collaborative case has become stuck, the use of a mediator is likely to enable a solution to be found much more quickly and cost-effectively than beginning court proceedings.’Family mediation has a long history in this country, …

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ADR: New options

David Hodson and Denise Carter set out the new ADR provisions in the FPR 2010 and consider their likely impact ‘Practitioners must be alive to the real likelihood that at any hearing the judge will enquire whether mediation or other ADR has been attempted and, if not, the real likelihood that the case will be …

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