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New Home Ombudsman Proposed

MP back plan for ombudsman to resolve new homes disputes The government is under pressure to set up an independent ombudsman with the power to order housebuilders to pay out up to £50,000 or even reverse a sale, following reports of new-home buyers lumbered with...

Review of LASPO Act 2012

I am attending a #CivilJusticeCouncil event today as part of the post-implementation review of the Legal Aid, Sentencing & Punishment of Offenders Act 2012.  The Government yesterday published its Initial Assessment, going into the review –...

ProMediate appointed by HETAS

As well as conducting mediations in Civil and Commercial disputes, ProMediate is a certified ADR Provider dealing with Consumer disputes under the ADR Regulations. We are pleased to announce that another business organisation, HETAS, has signed up for its members to...

Refusing mediation in the Small Claims Court a bad idea

Many people think that they won’t have to pay the other party’s costs in a small claims court case (Claims under £10,000) but if they lose they do have to pay the other party’s court fees and expenses. In fact there is a risk that the Court will penalise a party even...

EU ADR Assembly #ADR2018

I attended the inaugural ADR Assembly in Brussels on 11/12 June 2018. It was a gathering of EU wide ADR providers and an opportunity to network and to learn how the ADR Directive has been implemented in other member states as well as Iceland and Lichtenstein. We were...

Statistics show it takes ages to get to trial

In January to March 2018, the number of County Court claims, allocations and judgments increased against the same quarter of 2017. In the last two quarters, there has been volatility in the volume of claims received following the implementation of the Pre-Action...

Mediation of wills disputes

Interesting article about impact of will disputes, which can be resolved through mediation. https://www.theguardian.com/lifeandstyle/2018/jun/02/twist-tale-mother-will

Online Court

The Master of the Rolls has said the government had “declined to promote” primary legislation needed to set up a single Online Court, covering civil, family and tribunal claims. Instead the separate jurisdictions would remain, but be accessed by a single digital...

Business support for mediation

Herbert Smith Freehills has teamed up with PwC and IMI (International Mediation Institute) to identify key insights that emerge from the extensive voting data collected during the Global Pound Conference series. With a focus on the needs of corporate users of dispute...

Negotiation quote of the week

David Davis “One of the things that happens in negotiations is people try to set up deadlines, sometimes artificial deadlines, to put pressure on one element of the negotiation which they think is in their favour