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Alternative Dispute Resolution

United Kingdom

Avoiding costly disputes is often the favoured route for businesses when challenges arise. Alternative dispute resolution – which includes mediation, moderation, and expert determination - is an increasingly attractive option for clients wishing to avoid lengthy and costly proceedings.

To secure the best outcome, it is important to work with legal advisers who are highly experienced in the alternative routes available, have experience in the sector you operate in and a commercial, problem-solving mind-set. The CMS ADR team helps clients through all phases of out-of-court dispute resolution.

You have made what could have been a very difficult journey for me something which I am very confident about, and can positively move forward from.
Workplace mediation client

Conflicts within the workplace can be particularly challenging and time consuming to address. Our specialist workplace mediation service is designed to give you all the benefits of an in-house service without the implementation cost or the training time. The service is flexible to cover short facilitated discussions lasting only a few hours, to longer full day mediations or team mediations. Our team of eight accredited mediators located across the UK are all experienced mediators and lawyers. We can meet tight timescales and provide speedy mediation assistance, where and when you need it.

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Law-Now: Dis­pute Res­ol­u­tion
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20 Mar 20
UPC fal­ters again - a boost for ar­bit­ra­tion
As many of you will know, this morn­ing the Ger­man Con­sti­tu­tion­al Court ruled against the pur­por­ted rat­i­fic­a­tion by Ger­many of the European Agree­ment on a Uni­fied Pat­ent Court. This after the in­dic­a­tion...
17 Mar 20
Dis­clos­ure Guid­ance un­der the Pi­lot Scheme in The Chan­cery Di­vi­sion
In the Mc­Par­land case which I have re­cently already com­men­ted upon, the judge tried to give guid­ance on what is and what is not dis­clos­able un­der the Pi­lot Scheme. One point he made is that, just be­cause...
16 Mar 20
Dis­clos­ure Guid­ance in The Chan­cery Di­vi­sion
Earli­er this month, Vos J., the Chan­cel­lor, presided over a hear­ing where the parties had “sought guid­ance from the court by way of a dis­cus­sion with the court in ad­vance of… a case man­age­ment con­fer­ence...
16 Mar 20
Me­di­ation in The Chan­cery Di­vi­sion
The trouble with the pro­gress­ive re­fine­ment of the rules for run­ning com­mer­cial lit­ig­a­tion, in­clud­ing the word “re­forms”, is that where­as they are un­doubtedly well – meant, in prac­tice they have...
10 Feb 20
OGA launches me­di­ation pi­lot for resolv­ing UKCS li­cence dis­putes
On 3 Feb­ru­ary, the Oil and Gas Au­thor­ity (“OGA”) launched a year-long ‘UKCS Me­di­ation Pi­lot’ which aims to test the ex­tent to which me­di­ation can as­sist in resolv­ing dis­putes in­volving li­cences...
13 Jan 20
SFO suc­cess­fully con­cludes its sixth DPA, but all re­lated in­di­vidu­als...
On 22 Oc­to­ber 2019, Dav­is J ap­proved a de­ferred pro­sec­u­tion agree­ment (“DPA”) between the Ser­i­ous Fraud Of­fice (“SFO”) and Güralp Sys­tems Ltd (“GSL”). This is the sixth DPA con­cluded by the...
20 Dec 19
Scot­tish Gov­ern­ment gives me­di­ation re­sponse
The Scot­tish Gov­ern­ment has is­sued its form­al re­sponse to a ma­jor re­view of me­di­ation in Scot­land. This is the latest in a series of sig­ni­fic­ant me­di­ation de­vel­op­ments in Scot­land and it sig­nals that...
16 Dec 19
UK Su­preme Court's de­cision in Chal­lenge to Ar­bit­ra­tion of Glob­al...
On 21 Oc­to­ber the UK Su­preme Court star­ted to con­sider wheth­er an Eng­lish court has the jur­is­dic­tion to settle the terms world­wide, not just for the UK, of a FRAND li­cence of Stand­ard Es­sen­tial Pat­ents....
21 Oct 19
State­ment of Agreed Facts in de­vel­op­ment valu­ation dis­pute: "to bind...
The Court of Ap­peal has just handed down its Judg­ment in the Crest Nich­olson and Great Dun­mow dis­pute, which was first be­fore the courts in sum­mer 2018 (Great Dun­mow Es­tates Ltd v Crest Nich­olson Op­er­a­tions...
03 Oct 19
In­ter­im meas­ures in Main­land Chinese courts in aid of Hong Kong-seated...
On 1 Oc­to­ber 2019, the Ar­range­ment Con­cern­ing Mu­tu­al As­sist­ance in Court-ordered In­ter­im Meas­ures in Aid of Ar­bit­ral Pro­ceed­ings (the “Ar­range­ment”), con­cluded between China’s Su­preme People’s...
30 Sep 19
When me­di­ation gets HOT: Ab­ber­ley v Ab­ber­ley
In Decem­ber 2011, the Ab­ber­ley broth­ers met to me­di­ate the di­vi­sion of £1,275,000 worth of ag­ri­cul­tur­al as­sets between them. Un­for­tu­nately, the pro­cess ended in tears and a trip to the High Court. After...
25 Sep 19
How do you define “suc­cess” in a Part 36 of­fer?
How do you define wheth­er your Part 36 of­fer to settle has been “suc­cess­ful” when mon­et­ary com­pens­a­tion isn’t the primary pur­pose of your lit­ig­a­tion? The re­cent case of MR v Com­mis­sion­er of Po­lice...