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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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10 September 2020
Priv­ilege: What you need to know
Priv­ilege - what you need to know - CMS guide. You can find out more and down­load the guide here.
17 September 2020
New Scot­tish class ac­tion pro­ced­ure - how will the re­gime work? Part 2: ...
A new mech­an­ism for group pro­ceed­ings came in­to ef­fect in Scot­land on 31 Ju­ly 2020 (see the rules here). We have already com­men­ted on the cer­ti­fic­a­tion stage of the new re­gime (see here). In this short...
18 April 2017
Dis­putes di­gest
This edi­tion in­cludes up­dates on cur­rent con­ten­tious is­sues, in­clud­ing dis­putes in elite level sport, pro­gress in the High Court’s ‘Fin­an­cial List’, and re­cent cases on ag­greg­a­tion of claims and ex­clu­sion of li­ab­il­ity in com­mer­cial con­tracts.
11 September 2020
In­ter­na­tion­al Me­di­ation Up­date: the Singa­pore Con­ven­tion in force on 12...
The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) comes in­to force to­mor­row on 12 Septem­ber 2020. The Singa­pore Con­ven­tion...
29 September 2016
Dis­putes di­gest
This edi­tion in­cludes up­dates on cur­rent con­ten­tious is­sues, in­clud­ing dis­putes in elite level sport, pro­gress in the High Court’s ‘Fin­an­cial List’, and re­cent cases on ag­greg­a­tion of claims and ex­clu­sion of li­ab­il­ity in com­mer­cial con­tracts.
13 August 2020
Ar­bit­ral rules – The start of a sea­son of change: LCIA Up­date
The LCIA has launched its new ar­bit­ra­tion and me­di­ation rules, which come in­to force on 1 Oc­to­ber 2020. This is the first de­vel­op­ment in a peri­od in which we are ex­pect­ing up­dates to ar­bit­ral rules from...
25/11/2015
Dis­putes Di­gest - cur­rent leg­al is­sues af­fect­ing the mar­ket
10 August 2020
Are good faith ar­gu­ments in the avi­ation in­dustry really tak­ing off?
The avi­ation in­dustry is in a peri­od of great un­cer­tainty at present. The ef­fects of glob­al “lock­down” meas­ures in re­sponse to the COV­ID-19 pan­dem­ic have had dire fin­an­cial im­plic­a­tions for the in­dustry,...
21 July 2020
Ground­ing the flight of good faith in com­mer­cial con­tracts?
In­tro­duc­tion On 10 Ju­ly 2020, the High Court de­livered its judg­ment in the case of Cathay Pa­cific Air­ways Lim­ited v Lufthansa Tech­nik AG [2020] EWHC 1789 (Ch), which con­cerned a dis­pute between two com­mer­cial...
20 July 2020
ICC 2019 Stat­ist­ics Re­port: trends and growth areas
In­tro­duc­tion On 15 Ju­ly 2020, the In­ter­na­tion­al Cham­ber of Com­merce (the “ICC”) pub­lished its an­nu­al Dis­pute Res­ol­u­tion Stat­ist­ics Re­port for 2019 (the “Re­port”), set­ting out de­tailed fig­ures...
16 July 2020
Scot­tish Time bar changes
The Scot­tish Gov­ern­ment has re­cently opened a con­sulta­tion on how the Pre­scrip­tion (Scot­land) Act 2018 should be im­ple­men­ted. Among oth­er changes to the law of time bar, the Act ad­dresses the ac­know­ledged...
16 July 2020
UK Su­preme Court sig­ni­fic­antly curbs the re­flect­ive loss prin­ciple in land­mark...
In­tro­duc­tion On 15 Ju­ly 2020, the Su­preme Court handed down its much-an­ti­cip­ated judg­ment in the case of Sevilleja v Marex Fin­an­cial Ltd [2020] UK­SC 31, sig­ni­fic­antly cut­ting back the scope of the “re­flect­ive...