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Alternative Dispute Resolution

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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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05/06/2024
Loss of Chance in broker’s negligence claim - Norman Hay PLC v Marsh Ltd
In a judgment dated 8 May 2024 the Commercial Court has held that where a broker’s negligence has resulted in no insurance policy being available, a claimant is not required to prove on the balance...
29/05/2024
The SIAC Annual Report 2023 – key takeaways in year of growth and record...
In April 2024, the Singapore International Arbitration Centre (“SIAC”) published its Annual Report 2023, recording another year of high caseload and usage of the institution’s services across a...
17/05/2024
CMS International Construction Study 2024
CMS, in partnership with YouGov, asked in-house lawyers about the biggest challenges of managing disputes in this environment - and how those challenges can be met. We asked them about project risks, ESG factors and the use of AI in managing their transactions. Download the report to see what is keeping in house lawyers in construction businesses up at night, and how they see their risk landscape changing over the next few years.
30/04/2024
Court of Appeal rejects the Abbott tests for “convenient disposal” of multiple...
The Court of Appeal has overturned the tests set out in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) [2023] 1 WLR 4002 in relation to determining whether it is suitable for multiple claimants to...
04/04/2024
Supreme Court ruling on the correct approach for assessing PSLA in “mixed...
In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to...
20/03/2024
Court of Appeal determines costs budgeting issue in personal injury claims...
The Court of Appeal has decided that in principle, the Claimant’s solicitors’ costs of attending rehabilitation case management meetings are recoverable as costs of an action.This judgment is significant...
22/02/2024
Establishing liability under the Third Parties (Rights against Insurers)...
The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010...
12/02/2024
High Court rules in favour of reinsureds seeking recovery of UK COVID-19...
Overview The High Court has, for the first time, considered the reinsurance recovery of non-damage COVID-19 (first lockdown) business interruption losses, specifically under catastrophe excess of loss...
16/01/2024
Singapore High Court denies stay on crypto class action against blockchain...
In Julian Moreno Beltran, Douglas Gan Yi Dong v Terraform Labs Pte Ltd and others [2023] SGHC 340 (the “Terraform Case”), a case involving the collapsed TerraUSD (“UST”) stablecoin, the Singapore...
04/12/2023
Causation of indivisible diseases – material contribution test applies,...
In Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, the Court of Appeal has attempted to bring clarity to the notoriously slippery legal concept of “material con­tri­bu­tion”.The judgment reviews the...
30/11/2023
Court of Appeal revisits its decision on mandatory ADR - Churchill v Merthyr...
In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most people still call it), which was previously considered...
24/08/2023
Is cryptocurrency property capable of being held on trust?
This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.Recently, the Singapore High Court in ByBit Fintech Limited v Ho Kai Xin [2023] SGHC 199 (“ByBit”)...