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Dispute Resolution Blog

Increase in civil court fees

An increase in civil court fees may lead companies to explore Alternative Dispute Resolution methods such as mediation http://www.litigationfutures.com/news/civil-court-fee-hike-drive-increase-arbitration

Disability and Type 2 Diabetes

In the case of Metroline Travel Ltd v Stoute (2015) UKEAT 0302 it was decided that Type 2 Diabetes controlled by diet is not automatically a disability

A HOLLOW VICTORY? AT WHAT COST?

Metropolitan Police win case BUT lose 1/3 of their costs for FAILING to engage in ALTERNATIVE DISPUTE RESOLUTION

http://www.litigationfutures.com/news/metropolitan-police-loses-third-costs-failure-engage-adr

UN Guide Promotes the use of Mediation for preventing and resolving natural resources conflict

http://un-dpa.tumblr.com/post/111408663384/un-guide-promotes-the-use-of-mediation-for

A FUTURE ALTERNATIVE TO CRIMINAL TRIALS?

http://www.idahostatesman.com/2015/01/18/3597601_http://www.idahostatesman.com/2015/01/18/3597601_a-growing-alternative-to-criminal.html?rh=1

Royal Mail and Councils discard Internal Grievance policies in favour of mediated resolution policy

Royal Mail and Councils discard internal grievance policies in favour of mediation

Detroit out of bankruptcy

Mediation was used to help the City of Detroit out of bankruptcy and as such this is one of the success stories from 2014 (as reported by Harvard Programme of Negotiation)

Commercial Mediation saves businesses 2.4m per year

http://www.mondaq.com/x/348568/Building+Construction/The+Increasing+Importance+Of+Mediation+In+The+UK

Mediation under used in early stages of dispute , finds research

Mediation under-used in early stages of dispute, finds research  CIPD November 2014

Can You Afford NOT to Mediate?

In PGF II SA v OMFS Co 1 Ltd (2013) EWCA Civ 1288 Briggs LJ stated " In my judgment , the time has now come for this court firmly to endorse the advice given in Chapter 11.56 of the ADR Handbook, that silence in the face of an invitation to participate in Alternative Dispute Resolution is, as a general rule, of itself unreasonable, regardless of whether an outright refusal, or a refusal to engage in the type of ADR requested,or to do so at the time requested, might have been justified by the identification of reasonable grounds"

Furthermore he confirmed that a part 36 offer will not protect you in the event of a failure to participate in ADR

Relevant links

CIPD
Solve a workplace dispute
Ministry of Justice
ACAS

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