Dispatch - Alternative Dispute Resolution archives

Great Eastern Hotel Co Ltd v John Laing Construction Ltd and Anr
Issue 59 - May 2005 (click to download pdf)

Just how important is it that an expert understands and complies with the primary duty he owes to the Court?

Yorkshire Bank plc & Anr v RDM Asset Finance Ltd & Anr
Issue 51 - September 2004 (click to download pdf)

Would parties represented by practical commercial people have been able to achieve a sensible resolution of the dispute if they had sat round the table and mediated?

Reed Executive Plc and anr v Reed Business Information Ltd
Issue 50 - August 2004 (click to download pdf)

The Court of Appeal applied the Halsey principals in deciding whether to penalise RBI on costs for declining to make use of the Court of Appeal's mediation scheme.

Halsey v Milton Keynes General NHS Trust, Steel v Joy and Halliday
Issue 47 - May 2004 (click to download pdf)

The Court of Appeal case provides guidance on the question of whether a party who refuses an offer to mediate a dispute can be penalised on costs even if successful in the litigation.

Earls Terrace Properties Ltd v Nilsson Design Ltd & Charter Construction plc (as Part 20 Defendant)
Issue 46 - April 2004 (click to download pdf)

How can the court assist (where the parties have been unable to resolve their disputes through mediation) in order to try and resolve some of the more fundamental areas of difference?

Shirayama Shokusan Company Ltd and Others v Danovo Ltd
Issue 44 - February 2004 (click to download pdf)

Can the courts order parties to try Alternative Dispute Resolution, even though one side had expressly said that it did not want to?

Corenso (UK) Ltd v The Burnden Group plc
Issue 39 - September 2003 (click to download pdf)

Corenso refused to mediate. The court took a broad view that there was more than one form of ADR. Parties are required to attempt to resolve their differences without resorting to court. But, while mediation may be the way forward in some cases, in others, negotiation may be equally appropriate. Therefore, Corenso was not penalised for its failure to mediate.

Royal Bank of Canada v The Secretary of State for Defence
Issue 37 - July 2003 (click to download pdf)

Although the defendant won on the majority of issues, it was penalised on costs because of its failure to try and resolve the dispute through ADR. In particular, the Judge took into account the fact that the government had pledged to try and settle the legal cases by ADR.

Changes to the Civil Procedure Rules
Issue 35 - May 2003 (click to download pdf)

From 1 April 2003, the Civil Procedure Rules pre-action protocol practice direction includes a new requirement whereby a proposed claimant should state if he wishes to enter into mediation or any other alternative method of dispute resolution.

Leicester Circuits Ltd v Coates Brothers plc
Issue 34 - April 2003 (click to download pdf)

A month before trial was due to commence, Coates withdrew from a mediation. Although Coates succeeded at trial, it was found liable to pay the costs of that trial.

Société Internationale de Télécommunications Aéronautiques SC v Wyatt Co (UK) Ltd & others
Issue 29 - November 2002 (click to read issue - html)

Wyatt attempted to claim its costs on the grounds that a Part 20 defendant had declined invitations to mediate. The court made it clear that it is not enough merely to offer to mediate, that offer must be a genuine attempt to resolve the matters in dispute.

Cable & Wireless v IBM
Issue 28 - October 2002 (click to read issue - html)

Judge Colman had to consider an application brought by IBM for a stay of proceedings on the grounds that the contract between the parties provided that the parties should try and resolve any dispute between them first by negotiation and then through an ADR procedure.

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