Centre for Effective Dispute Resolution (CEDR)’s Post

Still a long old road ahead, I suspect, before we start to see Court-ordered mediations taking place in large numbers. I'm not sure that contested applications for a 'Churchill Order' will be as straightforward a business as some people are thinking. The early battles are likely to be costly to fight out. The interesting shift will be in tactics. Because a 'forced' mediation has different dynamics to the hitherto consensual process we all know and love. I expect a lot of parties and party representatives (where they are the 'reluctant' delegate) will be doing the bare minimum to comply - just enough to get through the day. Mediators will need a bespoke strategy for these scenarios - how do you 'work' parties who are only there because a Judge has ordered them to turn up and participate? I guess it's not a million miles away from having to attend a National Speed Awareness Course (where it's points on your licence if you don't show up). Personally, I've never had to go to a Speed Awareness Course (no, really!) But I imagine those sessions are not big on user engagement. Got to feel for the Course Leader when, at the end, they flash up that slide that says: "Any Questions?" 😐

An independent legal system is crucial for a democratic society to ensure a fair and free administration of justice. However, the government's move to disband the Law Society of British Columbia and replace it with a new regulatory body is threatening this value. Check out this important read, especially for those outside of the legal profession, to understand the implications of this decision. It seems that the government is pushing for more authority and restriction under the guise of making things cheaper for the average person, but history has shown us how that can backfire (*cough cough* ICBC and No Fault). Read more here: https://lnkd.in/gvbhW9w5

My latest article for Elysium Law exploring Churchill v Merthyr Tydfil and the significant impact it has had given the Court’s power to compel Alternative Dispute Resolution (ADR). It looks at the background of the matter, considers the decision and analyses the implications of the decisions going forward. It also has practical advice for litigators. Read more here: https://lnkd.in/eTpRZUUu #adr #litigation #legalinsights #cpr #mediation #alternativedisputeresolution

Read our latest article from Ruby Keeler-Williams (FCILEx) on Churchill v Merthyr Tydfil and the Court's Power to Order ADR on our website #ADR #Litigation #CourtOfAppeal #DisputeResolution #LegalUpdate #CivilProcedureRules

After filing a First Information Report (FIR) in Pakistan, the complainant or any party involved can take several steps depending on the nature of the case and the progress of the investigation: 1. **Follow-Up with the Police**: Regularly check with the police station where the FIR was filed to track the progress of the investigation. The police are responsible for conducting an investigation based on the FIR. 2. **Provide Evidence or Witnesses**: If you have any additional evidence or witnesses that can support the case, provide this information to the investigating officer. 3. **Request a Copy of the FIR**: Ensure you receive a certified copy of the FIR. This can be useful for legal proceedings or for personal records. 4. **Seek Legal Advice**: It’s advisable to consult with a lawyer to understand your rights and the legal procedures that will follow. A lawyer can guide you on how to proceed, especially if the case goes to court. 5. **File a Complaint to Higher Authorities**: If the police are not taking appropriate action or delaying the investigation, you can file a complaint with higher police authorities such as the Superintendent of Police (SP) or approach the court for directions. 6. **Apply for Bail (if accused)**: If you are the accused and an FIR has been filed against you, you may need to apply for anticipatory bail to avoid arrest, depending on the severity of the charges. 7. **Monitor the Judicial Process**: If the case progresses to court, stay informed about the court dates, and ensure that you or your legal representative is present during hearings. 8. **File a Petition**: If you believe the FIR was wrongly filed, you can challenge it by filing a petition in the relevant court (such as a High Court) to quash the FIR. 9. **Compromise or Mediation**: In some cases, especially civil disputes, parties may seek to resolve the matter through mediation or a compromise outside of court, which may lead to the withdrawal of the FIR. 10. **Keep Documentation**: Maintain all documents, including the FIR, witness statements, legal correspondence, and court orders. These are essential for any future legal needs. It’s crucial to act promptly and seek legal advice to navigate the process effectively.

A recent ruling in the case of Conway v Conway & Anor by his Honour Judge Mithani KC, sitting at Nuneaton County Court, imposed a 25% reduction to the costs the defendants could recover because they had unreasonably refused to engage in Alternative Dispute Resolution (ADR). As the Ministry of Justice prepares to roll out a new requirement to mediate in low-value money claims, this judgement sends a clear message to litigants: courts are no longer tolerant of parties that flatly reject mediation without compelling reasons. This decision reflects a growing judicial emphasis on ADR as a crucial step in the litigation process. The penalty imposed on the defendants for their refusal to mediate underscores the importance of engaging in mediation, not only as a cost-saving measure but as a means to foster amicable resolutions. The full judgement can be found at: https://lnkd.in/e25CVAgz #UKcourts #ADR #Mediation

Interesting 2024 UK Court of Appeal Case shared by Bill Holohan; Question is, will Irish judges follow using an unreasonable refusal to try mediation (s 16 Mediation Act 2017) and costs sanction (s 21 2017 Act) Northamber PLC v Genee World Ltd & Ors [2024] EWCA Civ.428 Lord Justice Arnold imposed a costs penalty on defendants for not responding to the plaintiff's invitation to mediate Pre-trial directions hearing, 2021; DJ Rouine made a very interesting case management order, paragraph 7: “At all stages the parties must consider settling this litigation by means of alternative dispute resolution. Any party not engaging in any such means proposed by another must serve a witness statement giving reasons within 21 days of that proposal; such witness statement must not be shown to the trial judge until questions of costs arise.” DJ Rouine https://lnkd.in/ebWMWEF8

I’ll see you in court…or will I? – The Court’s power to order compulsory ADR Up until recently, it was largely accepted that parties could not be compelled by the Court to engage in Alternative Dispute Resolution (ADR) to settle their differences. However, in a significant legal development that has the potential of redefining civil litigation, the Court of Appeal recently explored this narrative in and whether parties can be ordered to engage in non-Court based ADR. Click the link below to read the full article from our Solicitor Luke Foot: https://lnkd.in/eTJ7yfyK #EllisJonesSolicitors #ProfessionalwithPersonality #ADR #LegalAdvice #CourtofAppeal #DisputeResolution #CivilLitigation #Litigation #LitigationLawyer

Northern Ireland. Judicial Review. Not Just a Nuisance. McAleenon, Re Application for Judicial Review (Northern Ireland) [2024] UKSC 31 (16 October 2024) "Having explained that Ms McAleenon was entitled to bring a claim against the defendants by way of judicial review to challenge their compliance with their public law duties, we should also make it clear that the validity or otherwise of that challenge falls to be judged according to conventional public law standards. The Court of Appeal considered (para 74) that it would not be "either fair or just" for Ms McAleenon's claim to be disposed of without a trial involving cross-examination of the expert witnesses and a resolution by the court of the disputes between them. We do not agree. She has chosen to bring a claim in public law and it is appropriate for that claim to be determined by reference to public law standards and in the conventional manner, without the need for oral evidence. That may well mean that Ms McAleenon faces difficulties if she is to succeed in her claim, having regard to Fadeyeva and Richards CA, as Humphreys J held. However, the merits of her claim were not addressed by the Court of Appeal on the appeal, and we say no more about this" #northernireland #law #legal #litigation https://lnkd.in/encSbjEd

#DyingMattersWeek – Let’s talk about how having a day in court is not always the best option   In Anna Metadjer’s recent blog, she considers mediation as an alternative to resolve estate disagreements & potentially heal family rifts.   Read more here: https://lnkd.in/epHhEAD5   #KingsleyNapley #DyingMattersWeek #DyingMattersWeek2024 #TalkAboutIt #EstatePlanning #DisputeResolution #ConflictResolution