Aug 6, 2016
All businesses are obliged to provide details of a certified ADR Provider following an unresolved complaint, but not obliged to use ADR. It is not known who Argos puts forward or whether they use ADR, but the following case is an example of a customer complaint...
Aug 4, 2016
Nearly half of small businesses in Britain are failing to seek legal advice for legitimate potential claims, research shows. Concerns over legal fees and the amount of time required to mount a legal action were cited as the main reasons dissuading the nation’s...
Aug 1, 2016
ProMediate has a panel of mediators who specialise in dealing with personal injury and clinical negligence disputes. In a previous post, we explained that NHSLA published its annual accounts recently and how mediation can save legal costs. The NHS Litigation Authority...
Jul 30, 2016
A decision illustrates dangers of not complying with pre-action protocols, which includes mediation and ADR. In Nicole Chapman v Tameside Hospital NHS Foundation Trust (unreported, 15 June 2016) the County Court ordered a defendant to pay the costs of a claimant who...
Jul 28, 2016
In case readers do not want to read a detailed article about this, here are the main points from a mediator’s perspective: 1. The report recommends reinstating the National Mediation Helpline and After hours court based mediation scheme that was previously...
Jul 28, 2016
The report on the structure of the Civil Courts and the introduction of an online “Solutions Court” was published on 27 July 2016, citing contributions from ProMediate. The report gives a green light for the idea of an online court system for claims valued...
Jul 28, 2016
The Supreme Court has reversed the decision in eve Hayward v Zurich Insurance Company plc [2016] UKSC 4. What does this mean? It means that anyone who enters into a settlement agreement and later discovers that the claim was fraudulent can escape from the terms agreed...
Jul 28, 2016
Briggs LJ’s long awaited report on the structure of the civil courts was published on 27 July 2016, showing the way forward for the Courts and mediation. Summary The judge identifies a mediation deficit in the system, particularly for middle value cases....
Jul 19, 2016
There is a continuing lack of trust in the legal profession. According to a study from the legal services consumer panel, the rating for the legal profession has slipped: 42 per cent of the public said they trusted lawyers, compared with 47 per cent four years ago....
Jul 15, 2016
Nearly a third of British consumers with legal problems do not even consider consulting a lawyer because they fear they will not be able to afford the fees, according to a recent survey by Legal Cost Finance, a litigation funder. The researchers found that lawyers...
