Alternative dispute resolution (ADR) 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...

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...

When to seek settlement? This checklist flags common issues that can emerge when negotiating and drafting a settlement agreement. For step-by-step guidance on negotiating and preparing a settlement agreement, consult the following Practice Notes: How to agree and draft a settlement agreement (non-employment claims) Settling disputes—how to document a settlement Settling disputes—drafting the settlement agreement Keep settlement in mind at every stage of a dispute, including pre-action. Consider the full range of resolution routes, such as direct negotiation between the parties or their legal advisers, assessing whether a Part 36 offer is suitable, or engaging in assisted alternative dispute resolution (ADR), for example mediation. Following a rule change in October 2024, the court may now order parties to participate in ADR (see CPR 3.1(2)(o)). Review any contractual duties relating to settlement—such as a tiered dispute resolution clause—and ensure compliance with pre-action protocol requirements that encourage and facilitate settlement efforts. For additional context, see: Settling disputes—what, when and why settle?...

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: Business structures Taxes management and litigation Employment taxes Companies and corporation tax VAT Environment Individuals and income tax Dates for your diary Trackers Daily and weekly news alerts New and updated content Latest Q&A Useful information Business structures Court of Appeal upholds UT and FTT decisions that incentivisation awards to partners are subject to income tax (HMRC v BlueCrest Capital Management LP and others and Andrew Dodd and others v HMRC) As noted below, in HMRC v BlueCrest Capital Management LP; and Andrew Dodd v HMRC [2023] EWCA Civ 1481, the Court of Appeal examined the tax position of awards granted to partners under an incentivisation scheme. It affirmed the rulings of the First-tier Tax Tribunal (FTT) and the Upper Tribunal (UT) that, although the awards were not profit share allocations, they still represented income and were chargeable to income tax as miscellaneous income under section 687...

In this issue Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Pre-action and limitation Litigation Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court and the legal profession The 11th Edition of the King’s Bench Guide: Key changes from the 10th Edition (April 2024) feature, among other updates, refreshed guidance on telephone hearings (Chapter 9); a reoriented emphasis reflecting the court’s enhanced alternative dispute resolution powers (Chapter 10); updated costs management, with the Senior Master’s Guidance Note now placed at Annex 8 (Chapter 10); amendments mirroring recent Part 25 reforms and the removal of CPR PD 25A and CPR PD 25B (Chapter 12); plus a new section on securing evidence from other jurisdictions (Chapter 20). For more detail, see LNB News 29/04/2025 29—the 11th Edition of the King’s Bench Guide has been released. UKSC and JCPC publish final year of 2023–2026 business plan:...

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...

This Practice Note sets out how to initiate arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules govern any ICC arbitrations begun on or after 1 January 2021, unless the parties expressly agree that an earlier version will apply. For an overview of the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For guidance on the 2017 and 2012 ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises, it is crucial for parties and their advisers to check the dispute resolution clause in the relevant contract. If it provides for arbitration under the ICC Rules, at the outset the parties should consider, among other points: any limitation period (whether contractual or statutory) by which the arbitration must be commenced. For more detail under English and Welsh law, see Practice Note: Limitation periods in arbitration (England & Wales) ...

This Practice Note outlines a standard schedule for starting civil claims in practice. A vertical comparison likewise offers direction on the steps parties should weigh when considering issuing proceedings in the courts of England and Wales. It highlights usual sequencing and the principal considerations for parties preparing cases. Typical timeline in civil proceedings Notes Note 1 Cause of action When evaluating the strength of the dispute, court litigation is a route to secure a remedy against the other side, and neither statute nor contract compels a different path. Note 2 Pre-action Parties are urged to attempt settlement before issuing, including by using alternative dispute resolution (ADR). Observance of a pre-action protocol is required (eg sending a letter of claim). Considering pre-action measures, such as freezing injunctions or pre-action disclosure applications, is also available. Note 3 Issuing proceedings The claim form and particulars of claim are commonly issued electronically and served on the defendant(s) by a method mandated by the Civil Procedure Rules...

This presentation has been designed as an aid to train your staff on their duties to the court when conducting litigation It covers tribunals and alternative dispute resolution. These training resources are customisable...

1 Introduction 1.1 This policy sets out our approach to conducting litigation and advocacy before any court or tribunal, and to all forms of alternative dispute resolution (ADR). It mirrors the obligations placed upon us by the court and the Solicitors Regulation Authority (SRA), alongside wider professional responsibilities. 1.2 Non-compliance can have significant repercussions: 1.2.1 the firm or any employee could be held in contempt of court, carrying penalties up to a fine or imprisonment; 1.2.2 our good name may suffer; 1.2.3 the SRA or another regulator may take action against the firm or individuals, potentially resulting in fines, disqualification or other sanctions; 1.2.4 we could face a formal complaint from our client or an opposing party. 1.3 We have always treated our obligations to the court with utmost seriousness and will continue to do so. 2 Scope of this policy 2.1 This policy applies to: ...

Nature of the clause This Precedent is a short-form clause designed for business-to-business (B2B) commercial contracts made between businesses, providing for mandatory mediation in the event a dispute arises out of the agreement. The clause requires the parties to seek to settle disputes arising between them under this clause. Unlike litigation or arbitration clauses, its purpose is for the parties to attempt to resolve the matter with the assistance of a mediator, without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which an independent third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. It is, by its nature, a non-binding dispute resolution process; that is, any agreement reached in mediation only becomes binding on the parties if they enter into a settlement agreement. Mediation affords the parties a high degree of control compared with litigation and offers a collaborative process for dispute resolution....