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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.

Law-Now: Dis­pute Res­ol­u­tion
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06/09/2021
Scot­tish Court re­jects ar­gu­ment that Quince­care duty ex­tends bey­ond in­tern­al...
In the re­cent de­cision of Sekers Fab­rics Ltd v Cly­des­dale Bank plc [2021] CSOH 89, a bank cus­tom­er (“Sekers”) that had fallen vic­tim to an au­thor­ised push pay­ment (“APP”) fraud sought to re­cov­er...
08/09/2021
Dis­putes 101: CMS Au­tumn We­bin­ar Series
Wel­come to the Dis­putes 101: CMS Au­tumn We­bin­ar Series This series will take place over 11 weeks, every Wed­nes­day from 8 Septem­ber – 1 Decem­ber 2021 at 2-3pm. Part­ners and as­so­ci­ates from CMS’ lit­ig­a­tion...
15/07/2021
Civil Justice Coun­cil sup­ports man­dat­ory ADR
The Civil Justice Coun­cil (CJC) has pub­lished a re­port which con­cludes that com­puls­ory al­tern­at­ive dis­pute res­ol­u­tion (ADR) is com­pat­ible with the European Con­ven­tion on Hu­man Rights (ECHR) and has the...
24/06/2021
Con­flict avoid­ance in the Scot­tish con­struc­tion in­dustry
The Scot­tish Gov­ern­ment has is­sued a new Con­struc­tion Policy Note CPN 2/2021: Con­flict avoid­ance – early in­ter­ven­tion to avoid dis­putes. This CPN sets out sup­port from the Scot­tish Gov­ern­ment for con­flict...
04/06/2021
Anti-suit In­junc­tions – The Eng­lish court con­tin­ues to ad­opt a pro-ar­bit­ra­tion...
Two re­cent de­cisions have un­der­scored the Eng­lish court’s read­i­ness to grant anti-suit in­junc­tions to en­force agree­ments for Lon­don-seated ar­bit­ra­tion. In VTB Bank PJSC v Me­jlumy­an [2021] EWHC 1386...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
20/05/2021
Com­pens­a­tion scheme does not be­ne­fit from without pre­ju­dice pro­tec­tion
The High Court has de­term­ined that a com­pens­a­tion scheme set up to com­pensate vic­tims of sexu­al ab­use is ad­miss­ible at tri­al and can be used as evid­ence to sup­port a claim of vi­cari­ous li­ab­il­ity. The...
14/05/2021
CEDR Me­di­ation Audit 2021: What it means for the Con­struc­tion In­dustry
The Ninth Me­di­ation Audit has been pub­lished by CEDR, fol­low­ing its latest sur­vey of civil and com­mer­cial me­di­at­ors in the UK. We look at what the Audit re­ports about growth and trends in me­di­ation and...
29/04/2021
Pub­lic­a­tion of the Di­git­al Dis­pute Res­ol­u­tion Rules
The UK Jur­is­dic­tion Taskforce (UKJT) has now pub­lished the UK’s first Di­git­al Dis­pute Res­ol­u­tion Rules (DDRR). The DDRR give leg­al ef­fect to auto­mat­ic dis­pute res­ol­u­tion pro­cesses built in­to di­git­al...
16/02/2021
High Court rules on cut-off dates and the costs of ad­vert­ising in group...
On 2 Feb­ru­ary 2021, the High Court handed down judg­ment in a pro­ced­ur­al hear­ing in lit­ig­a­tion con­cern­ing Brit­ish Air­ways’ 2018 data breach (Weaver v Brit­ish Air­ways Plc [2021] EWHC 2017 (QB, avail­able...
22/01/2021
Cla­ri­fy­ing the ter­rit­ori­al reach of the GDPR in data pro­tec­tion lit­ig­a­tion
On 15 Janu­ary 2021, judg­ment was handed down in the High Court by Mr Justice Jay in the case of Sori­anzo v (1) Forensic News LLC (2) Scott Sted­man (3) Eri Levai (4) Jess Cole­man (5) Robert De­nault and...
07/01/2021
[M]is­takes will oc­cur even in the prac­tices of the best of ar­bit­rat­ors
In a rare ex­ample of a suc­cess­ful chal­lenge un­der sec­tion 68 of the Ar­bit­ra­tion Act 1996, in Doglemor Trade Lim­ited and Oth­ers v Caledor Con­sult­ing Lim­ited and Oth­ers [2020] EWHC 3342 (Comm) the Eng­lish...