Features and Opinion
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What is the investment value of a dispute?
Matthew L. McGrath and Donny Surtani look at the importance of net present value, and how this can be used inform risk management and improve outcomes for financial recovery
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Alternative dispute resolution post-Brexit – which rules apply to litigators?
Rita Giannini explains how different rules may apply to cross-border litigators dealing with alternative dispute resolution, depending on whether you act for one of the parties or mediate between them
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Mediation: the challenges and benefits of in-person and remote mediation
Amanda Bucklow considers the advantages and drawbacks, the impact of the coronavirus pandemic, and tips on how to make the most of remote mediation.
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Can mediation deliver in cost disputes?
Avi Dolties asks whether it’s time to start tapping into mediation to settle costs disputes.
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Mediation – where do we go now?
Mediation continues to face challenges in its journey from an alternative to mainstream form of dispute resolution, not least being overshadowed by Brexit. Peter Causton rounds up the latest developments.
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Mediation in uncertain times: CMC annual conference report
Jonathan Haydn-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.
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What happens in a mediation stays in a mediation. Or does it?
In Savings Advice Ltd, Master Howarth found that factual statements as to the amount of costs used in mediations could be used in subsequent assessment proceedings. Does this mean not everything in a mediation stays secret, asks Deborah Burke.
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Arbitrate, don't litigate
With the civil courts in crisis, could arbitration be a quicker and more cost-effective alternative to litigation in resolving personal injury and clinical negligence claims?
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Mitigating the fee rise: a partner's perspective
Litigation partner Rachel Crookes provides her own take on how your firm can face the civil fees rise head on, and keep costs low, by engaging more fully with dispute resolution mechanisms
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The price of justice: mitigating the impact of the new court fees
It remains to be seen whether higher fees will improve the courts service. What is evident, though, is that legal advisers acting for either a potential claimant or defendant need to be flexible in the way in which disputes are handled, both in respect of how they are resolved and ...
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To mediate or not to mediate?
Mark Field looks at reasons to consider mediation in preference to a joint settlement meeting
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We can work it out
The defendant in the recent PGF II judgment was sanctioned for refusing to consider ADR. Sana Bibi explains why following the Jackson reforms, parties should ignore mediation at their peril