Sole mediation 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...

In this issue: Arbitration in England and Wales International arbitration Investment treaty arbitration Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England and Wales LCAM—HSF—costs in mediation and arbitration survey The London Chamber of Arbitration and Mediation (LCAM) and Herbert Smith Freehills (HSF) have rolled out a survey examining the costs of mediation and arbitration. It welcomes input from arbitration and mediation users, mediators, in-house counsel and external counsel, inviting feedback on their experiences with cost-related matters. The survey closes on 31 July 2024. See: LNB News 18/06/2024 26. International arbitration Switzerland—setting aside—public policy | Bolivarian Republic of Venezuela v B In Switzerland, arbitral awards can be set aside where they conflict with public policy. However, a setting aside bid is not an ordinary appeal, which narrows the Swiss Federal Court’s scrutiny. As the Federal Court serves as the first and sole instance for...

In this issue: Arbitration in England and Wales Institutional and ad hoc arbitration International arbitration Investment treaty arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England and Wales The Commercial Court addressed an application to determine a preliminary point of law under section 45 of the Arbitration Act 1996 arising from an ongoing investor arbitration under the 1976 UNCITRAL Arbitration Rules. In The Republic of India v CC Devas (Mauritius) Ltd [2026] EWHC 156 (Comm), India applied under section 45 in relation to the Tribunal’s procedural directions on the identity of the parties’ legal representatives in an English-seated investor–state arbitration. That arbitration involves India as respondent and three Mauritian companies as claimants pursuant to the 1998 bilateral investment treaty between India and the Republic of Mauritius (the BIT-2 arbitration). The Court concluded that, when deciding who could consent to bringing a section 45...

This Practice Note explores various alternative dispute resolution (ADR) options used in cross-border disputes. What is ADR? ADR denotes a collection of methods for resolving disagreements other than through the trial process. It offers a confidential means of settlement outside a court of law, whereby a dispute or difference is referred to an impartial individual or panel, either for determination or to help the parties achieve a negotiated resolution of their dispute. The process may lead to a binding outcome if the agreement by which the parties submit the dispute to ADR so provides. Note that the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute resolution (NDR), which can broadly be classified as either facilitated processes or imposed decisions. The two principal forms of ADR are arbitration and mediation. For insight into the range of ADR types available, see Practice Note: What is ADR? Arbitration The most consistently utilised ADR method in cross-border disputes is arbitration. This is a private form of...

Unilateral option clauses defined Unilateral option clauses are dispute resolution provisions in contracts that confer on a single party, or a subset of parties (but not everyone), the ability to choose between arbitration or court proceedings to settle a dispute. They are also known as one-sided, non‑mutual, asymmetrical or sole option clauses. Such a clause affords the freedom to pick the dispute resolution mechanism best suited to the circumstances of the matter. They appear frequently in finance agreements, where a lender aims to preserve flexibility to recover sums due and otherwise uphold its rights against a buyer who has failed to meet its obligations. Unilateral option clauses sit within the family of hybrid dispute resolution clauses—see Practice Note: Types of dispute resolution clauses—litigation, mediation, multi‑tier, hybrid and carve‑out clauses for further detail. Note: judgments from non‑UK jurisdictions mentioned in this Practice Note are not reported by LexisNexis® UK. Why provide a unilateral option to arbitrate or litigate? There are many reasons a party, such as a lender,...

This Practice Note offers a Canada-specific Q&A on class actions, published within the Lexology Getting the Deal Through series by Law Business Research (law stated at: 23 September 2020). Authors: Lavery Lawyers—Myriam Brixi. 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Canada is a federal state. Responsibility for private law and civil remedies primarily rests with each province and territory, each maintaining its own court structure. The superior courts in these jurisdictions possess inherent, and in most instances statutory, authority to hear collective or class proceedings on any topic, save where legislation assigns matters to another forum (for example, small claims courts, which deal with civil disputes below a prescribed monetary threshold). Consequently, almost all civil actions, including class proceedings, can be initiated in provincial or territorial superior courts. It should further be observed that all provincial and territorial systems are grounded in the common law, with the sole exception...