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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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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 - Mr Churchill v...
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”)...
25/07/2023
Enforcement of arbitral award refused in crypto-related dispute
The English High Court has refused to enforce a foreign arbitral award in a crypto-asset related dispute, as to do so would be contrary to public policy.Back­ground:As set out in our previous Law-Now on...
25/05/2023
Pre-award arbitrability: the seat, the governing law and the composite...
In the event a party challenges arbitrability of a dispute, a threshold question arises: should the issue of arbitrability be considered under the law governing the arbitration agreement or the law of...
20/03/2023
UK Announces it will become a party to the Singapore Convention on Mediation
It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important...
09/03/2023
Security for costs in enforcement proceedings in Germany – The German Federal...
Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the...
20/02/2023
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...
17/02/2023
Scottish courts provide further guidance on the relevant ac­know­ledge­ment...
The Court of Session decision in Colquhoun & Ors v Clinical Research Solutions GmbH & Cromsource SRL has provided useful guidance on what may constitute a “relevant ac­know­ledge­ment” of a claim so...