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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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23/11/2022
Pro­tec­tion from protest
Protest on the streets, protest on­line, even lit­ig­a­tion used as a vehicle for protest.Protest­ors tar­get­ing a busi­ness may be stand­ing in a crowd, hold­ing a plac­ard or shout­ing slo­gans. But they may also be be­hind a com­puter screen or pur­su­ing a claim against the busi­ness through the courts. They may even be work­ing in­side the busi­ness, pre­par­ing to com­prom­ise its sys­tems or leak con­fid­en­tial in­form­a­tion.Wheth­er they are act­iv­ists, em­ploy­ees or cus­tom­ers, all these protest­ors may present a sub­stan­tial chal­lenge and a real threat to busi­nesses, in areas in­clud­ing its se­cur­ity, repu­ta­tion and bot­tom line. 
04/11/2022
Ar­bit­ra­tion of FRAND dis­putes
UK Court of Ap­peal gives strongest steer yet for set­tling FRAND dis­putes via ar­bit­ra­tion Last week, the Court of Ap­peal handed down its judge­ment in Optis, in which it was asked to opine on the avail­ab­il­ity...
02/11/2022
Kabab-Ji and the cul­tur­al con­flict over the autonomy of the ar­bit­ra­tion...
In a fi­nal de­cision dated 28 Septem­ber 2022, France’s apex court, the Cour de cas­sa­tion, brought an end to the long-last­ing Kabab-ji v Kout Food Group dis­pute. The dis­pute, on­go­ing in the French and...
30/09/2022
A key de­vel­op­ment in the re­ci­pro­city of en­force­ment between the Eng­lish...
On 13 Septem­ber 2022, the In­ter­na­tion­al Co-op­er­a­tion De­part­ment of the Min­istry of Justice of the United Ar­ab Emir­ates (the “UAE Min­istry of Justice”) is­sued a guid­ance let­ter to the Dir­ect­or Gen­er­al...
26/09/2022
Real Es­tate Dis­putes and ESG - a rise in me­di­ation?
En­vir­on­ment­al, so­cial and gov­ernance (“ESG”) is­sues have nev­er been more im­port­ant. They play in­to everything; in­creas­ingly driv­ing in­vest­ment de­cisions and com­mer­cial con­tracts to com­pany strategy...
13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
10/08/2022
Eng­lish Court finds that claims un­der com­pany art­icles fall with­in ar­bit­ra­tion...
In NDK Ltd v HUO Hold­ing Ltd [2022] EWHC 1682 (Comm), the Com­mer­cial Court re­af­firmed the prin­ciple that ar­bit­ra­tion, as a private con­trac­tu­al meth­od of dis­pute res­ol­u­tion, should re­main free from un­due...
14/06/2022
High Court con­siders the ap­plic­a­tion of the ser­vice pro­ced­ures in sec­tion...
Sum­mary In a judg­ment handed down on 14 March 2022, the High Court has de­cided that the de­fend­ant na­tion­al flag car­ri­er of Sur­i­n­ame (re­ferred to as “SLM”) was not en­titled to be served with a Claim...
14/06/2022
Spot­light on UK Design Law - Part 6 – ‘En­force­ment’
As ac­know­ledged by the UKIPO in its Call for Views, the UK has one of the most ro­bust and ef­fect­ive in­tel­lec­tu­al prop­erty re­gimes in the world. However, the UKIPO ap­pre­ci­ates that the cost of en­for­cing...
07/06/2022
Spot­light on UK Design Law - Part 5 – ‘Fu­ture tech­no­lo­gies and com­puter-gen­er­ated...
The UKIPO re­cog­nises that de­vel­op­ments in tech­no­logy act as cata­lysts for in­nov­a­tion in the designs sec­tor. In its Call for Views, the UKIPO iden­ti­fied in par­tic­u­lar the im­pact of ar­ti­fi­cial in­tel­li­gence...
31/05/2022
Spot­light on UK Design Law - Part 4 – ‘First mak­ing avail­able’ and sim­ul­tan­eous...
Pri­or to Brexit, the abil­ity to ob­tain auto­mat­ic design pro­tec­tion across all 28 EU Mem­ber States shaped the busi­ness mod­els and product launch strategies of many Brit­ish de­sign­ers. One of the most sig­ni­fic­ant...
24/05/2022
Spot­light on UK Design Law: Part 3 – ‘Over­lap between copy­right and designs’
The UKIPO re­cog­nises that there is a lack of clar­ity on the ex­tent of over­lap between copy­right and design law, and how they should co-ex­ist. In par­tic­u­lar, the Call for Views notes the un­cer­tainty as...