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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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Law-Now: Dis­pute Res­ol­u­tion
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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.
17 April 2020
Ser­vice of Scot­tish leg­al pro­ceed­ings dur­ing the Cov­id-19 pan­dem­ic
There have been sig­ni­fic­ant changes to the rules gov­ern­ing the ser­vice of Scot­tish leg­al pro­ceed­ings fol­low­ing the com­ing in­to force of the Coronavir­us (Scot­land) Act 2020 (the “CVSA”) on 7 April...
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.
30 March 2020
Coronavir­us And Force Ma­jeure in the Scot­tish Sports In­dustry
Dis­rup­tion caused by coronavir­us The break­out of coronavir­us has already had a pro­found im­pact on the Scot­tish and UK eco­nomy. One of the sec­tors that has been most af­fected is the Scot­tish sports in­dustry:...
25/11/2015
Dis­putes Di­gest - cur­rent leg­al is­sues af­fect­ing the mar­ket
20 March 2020
UPC fal­ters again - a boost for ar­bit­ra­tion
As many of you will know, this morn­ing the Ger­man Con­sti­tu­tion­al Court ruled against the pur­por­ted rat­i­fic­a­tion by Ger­many of the European Agree­ment on a Uni­fied Pat­ent Court. This after the in­dic­a­tion...
17 March 2020
Dis­clos­ure Guid­ance un­der the Pi­lot Scheme in The Chan­cery Di­vi­sion
In the Mc­Par­land case which I have re­cently already com­men­ted upon, the judge tried to give guid­ance on what is and what is not dis­clos­able un­der the Pi­lot Scheme. One point he made is that, just be­cause...
16 March 2020
Me­di­ation in The Chan­cery Di­vi­sion
The trouble with the pro­gress­ive re­fine­ment of the rules for run­ning com­mer­cial lit­ig­a­tion, in­clud­ing the word “re­forms”, is that where­as they are un­doubtedly well – meant, in prac­tice they have...
16 March 2020
Dis­clos­ure Guid­ance in The Chan­cery Di­vi­sion
Earli­er this month, Vos J., the Chan­cel­lor, presided over a hear­ing where the parties had “sought guid­ance from the court by way of a dis­cus­sion with the court in ad­vance of… a case man­age­ment con­fer­ence...
10 February 2020
OGA launches me­di­ation pi­lot for resolv­ing UKCS li­cence dis­putes
On 3 Feb­ru­ary, the Oil and Gas Au­thor­ity (“OGA”) launched a year-long ‘UKCS Me­di­ation Pi­lot’ which aims to test the ex­tent to which me­di­ation can as­sist in resolv­ing dis­putes in­volving li­cences...
13 January 2020
SFO suc­cess­fully con­cludes its sixth DPA, but all re­lated in­di­vidu­als are...
On 22 Oc­to­ber 2019, Dav­is J ap­proved a de­ferred pro­sec­u­tion agree­ment (“DPA”) between the Ser­i­ous Fraud Of­fice (“SFO”) and Güralp Sys­tems Ltd (“GSL”). This is the sixth DPA con­cluded by the...
20 December 2019
Scot­tish Gov­ern­ment gives me­di­ation re­sponse
The Scot­tish Gov­ern­ment has is­sued its form­al re­sponse to a ma­jor re­view of me­di­ation in Scot­land. This is the latest in a series of sig­ni­fic­ant me­di­ation de­vel­op­ments in Scot­land and it sig­nals that...