Alternative dispute resolution meaning

Checklist on remotely accessed mediations This Checklist outlines the principal points to weigh when deciding if, and in what manner, to take part in a remotely accessed mediation by video conference (VC). With the emergence of the coronavirus (COVID-19) pandemic, use of such mediations expanded, ie, mediations conducted online via VC became noticeably more common. VC mediations—often called ‘online mediation’, ‘remote mediation’ or ‘remotely accessed mediation’—are not the sole option for non face-to-face engagement; mediation can also proceed by telephone. Even so, the simplicity and enhanced user features of the many VC platforms have proved well suited to the process for remote access mediation in practice. For guidance on the parties’ duties to consider alternative dispute resolution (ADR), and the courts’ authority to order or promote consideration of ADR, both before and during litigation, see Practice Notes: Court powers to order or encourage ADR in civil proceedings and Court powers to order or encourage ADR in civil proceedings—key and illustrative decisions...

This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. This Checklist explains how to assess jurisdiction for a particular civil dispute in Ireland. In doing so, it reviews the regimes under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. It sets out a high-level overview to help decide whether proceedings ought properly to be brought in Ireland. For guidance on: the particular court in which to issue proceedings, see Practice Note: Ireland-Starting a civil action pre-action considerations before pursuing a civil claim in an Irish court, and the steps to commence and advance a claim in Ireland, see Practice Notes: Ireland-Starting a civil action and Ireland-Pre-action conduct; and for initiating and case managing a civil claim, see Ireland-Progressing and managing a High Court civil claim further elements of Irish civil litigation, see: Ireland-Alternative dispute resolution and settlement-overview, which links to detailed guidance on specific...

Existence and validity of trusts Provincial Equity Finance Ltd v Dines (née Breda) [2023] EWHC 103 (Ch) News Analysis: A literary epigraph—‘By prosperous voyages I often made… and the great care of goods at random left’—introduces a consideration of resulting trusts and the scope of express trusts. The decision underscores the practical obstacles in proving a resulting trust where a disorganised deceased ran bank accounts for mixed ends, and confirms that an express trust can override the presumption of a resulting trust even if the contributor of funds is not a party to the express trust. Author: Nicholas Holland, McDermott Will & Emery UK LLP Jurisdiction: England & Wales Attorney General v Zedra Fiduciary Services (UK) Ltd and others [2022] EWHC 102 (Ch) News Analysis: The court sanctioned a cy près scheme for a £600m charitable trust to be used towards reducing the National Debt, addressing the suitable application of the National Fund. The judgment considers...

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

In this issue: Key DR developments Claims and remedies Costs and funding Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Dispute Resolution Highlights 2025/2026 Key DR developments Alternative dispute resolution European Parliament adopts new rules to modernise out-of-court dispute resolution for consumers The European Parliament has approved refreshed measures to enhance consumer out-of-court complaint handling, updating the EU’s ADR framework for the digital landscape and cross-border disputes. The reforms delineate ADR’s reach to cover matters arising both before and after contractual agreements, and in specified circumstances enable involvement by traders from third countries. The directive will come into force 20 days following publication and will begin to apply 32 months thereafter. For more, see: Parliament adopts new rules to modernise out-of-court dispute resolution for consumers—LNB News 16/12/2025 Court information HMCTS update hearing...

In this issue: Building safety Building regulations Alternative dispute resolution Arbitration Environmental issues Projects Construction industry news Daily and weekly news alerts Construction trackers Building safety CLC announces restructure of ICSG The CLC has set out a reorganisation of the Industry Competence Steering Group (ICSG) to enhance competence and safety standards across the built environment sector. Under this strategic change, the ICSG will become a formal working group within the Building Safety Regulator’s Industry Competence Committee. The refreshed framework features sector-led groups, key topic groups and working groups, informed by contributions from more than 60 professional and trade bodies and 1,500 individuals, reinforcing the drive for improved standards. See: LNB News 09/12/2024 61. Housing (Cladding Remediation) (Scotland) Act 2024 (Commencement) Regulations 2024 SSI 2024/370 These regulations designate 6 January 2025 as the appointed day on which all provisions of the Housing (Cladding Remediation) (Scotland) Act 2024 not already commenced will come into...

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

This Practice Note offers a beginner’s overview of construction disputes, intended for trainee solicitors and others unfamiliar with the area. It outlines what a construction disputes lawyer does, the disputes that frequently occur on projects, and gives a primer on adjudication, dispute boards, proceedings in the Technology and Construction Court (TCC), construction arbitration and alternative dispute resolution (ADR). It also considers the nature of disputes that routinely emerge on construction projects and the role undertaken by the disputes lawyer. We suggest reading Practice Note: Construction law—new starter guide, which sets out the core principles of construction law and the characteristics of construction projects, before tackling this note. The content of this Practice Note is also available as a PowerPoint deck with speaker notes—see: Introduction to construction disputes—training materials. You might also consider Practice Note: Dispute Resolution—new starter guide, which addresses dispute resolution more broadly. The work of a construction disputes lawyer Construction lawyers handling disputes (often described as contentious or back-end practice) are typically asked to support clients...

Practice Note Use this Practice Note to identify the governing law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. Where incidents happened outside those dates, the UK courts will apply an alternative choice-of-law regime, and the regime engaged turns solely on the date of the occurrence. If the date falls outside that span, a different regime applies, selected by reference to timing of the event. For direction on those regimes and how they interrelate, see Practice Note: Applicable law regimes. It summarises the special rules governing particular heads of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II). The topics include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—i.e. agency without authority, and culpa in contrahendo—fault in forming a contract, as well as insurance...

[ To be printed on the claimant solicitors’ headed paper ] Our reference: [ insert your file reference for this matter ] FAO: [ CLIENT PARTNER OR SENIOR PARTNER ] [ NAME OF DEFENDANT FIRM ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ] LETTER OF CLAIM [ We refer again to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence comprised a preliminary notice of claim issued under the Pre-Action Protocol for Professional Negligence and required an acknowledgement by [ insert date ]. ] [ We note receipt of your letter dated [ insert date ] acknowledging receipt of the preliminary notice. [ That said, we still await confirmation that your professional insurers have been notified of the circumstances of our...

IT IS ORDERED that: 1 Allocation 1.1 Allocation to Multi-Track This claim is assigned to the multi-track. 1.2 Allocation to Management Track This claim falls within the following management track: Case managed by a Master with the trial before a Judge Case management and the trial to be conducted by a Judge (full docketing) Case management and trial to be undertaken by a Master Case management shared between Judge and Master, with the trial before a Judge 2 Alternative dispute resolution This claim is stayed until [ date ] to allow the parties to attempt settlement through alternative dispute resolution or other means. At the end of that period, the parties must notify the Court in writing whether a settlement has been reached. At the same time, they must lodge either: (if settled) a draft consent Order signed by all parties; or (if not settled) ...

Claim No. [ enter claim number ]...

We have been unable to locate any case law on the exact matter raised in your query at this time. Nevertheless, please kindly consider the following further details, which you may find helpful. When the Pre-Action Protocol for Debt Claims (the Protocol) applies The Pre-Action Protocol for Debt Claims (effective from 1 October 2017) is engaged when a business—such as a sole trader or public body—seeks recovery of a debt from an individual, including a sole trader. It is inapplicable to business-to-business debts except where the debtor is a sole trader (Pre-Action Protocol for Debt Claims, para 1.1)...