Peter Causton’s Post

Law firms acting for the Landlord. Please take instructions from your publicly funded client before you reject a claimant's invitation to mediate. It's cost saving and reduces friction in a position where both parties need to encouraged to compromise so their relationship is preserved beyond the dispute you're involved in ? You can get a win/win agreement

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

Further evidence that a failure to enter into Alternative Dispute Resolution will not be tolerated by the court. In most cases the court will hold that it is unreasonable for either party to reject an offer to mediate. As of May this year, parties in money claims valued up to £10,000 must take part in a free one-hour mediation appointment. The Ministry of Justice is also considering mandatory mediation for higher-value county court claims. #legal #lawgazette #law #civillitigation #cilexlawyer

Tick-Tock. Tick-Tock. Court removes an arbitrator for “undue delay.” Peter Banks addresses this extraordinary remedy in his latest for Arbitration Matters. https://lnkd.in/gQ29vepD #arbitration #arbitrationlaw

Settle or else! The court’s approach to mandatory ADR post-Churchill. Find out more in our latest article from Dispute Resolution Solicitor, Luke Foot: https://lnkd.in/eFUdv9hg If you need advice or guidance on how to navigate a dispute, please contact our Dispute Resolution team by calling 01202 525333 or by emailing [email protected]. #EllisJonesSolicitors #ProfessionalwithPersonality #DisputeResolution #ADR #LegalAdvice

Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers Read More Here- https://lnkd.in/gSfMdSz8 #ArbitralTribunal #arbitrationandconciliationact #DelhiHighCourt #limitation #Section11 #scconline #SCC #legalnews #scconlineblog #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

'Seat of arbitration is the place where arbitral proceedings are anchored'; Delhi High Court rejects petition filed u/s 34 of Arbitration Act Read More Here- https://lnkd.in/ghFgZg5a #ArbitralProceedings #Arbitration #DelhiHighCourt #Jurisdiction #JusticePrateekJalan #Seatofarbitration #Venue #scconline #SCC #legalnews #scconlineblog #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court Read More Here- https://lnkd.in/gW-88feg #BombayHighCourt #Arbitration #arbitrationandconciliationact #Arbitrator #JusticeBharatiDangre #Railways #Section125 #violation #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

Evidence and Witness Preparation in Arbitration The arbitral process bears a striking resemblance to domestic civil proceedings, and yet it is also fundamentally different in many crucial respects. Visit Us: https://lnkd.in/gwG8rarQ #evidence #witness #arbitration #witnesstestimoney #legal #litigation Ashish Kankal Medha Banta Rajat Sabu Akshith Awaji Ancy Jacob Chhavi Pande Adv. Keshav Singh Adv Mohit Kasana Nishank Barolia Neeraj Bondre

Appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 #AmendmentstoSection11 #AppointmentofArbitrator #Judgments #ProvisionsunderSection11 #Section11oftheArbitrationandConciliationAct1996