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ADR News
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RaPID Solution for Personal Injury Claims
DRS-CIArb, the service delivery arm of the Chartered Institute of Arbitrators, has announced the development of a new package of ADR services intended to assist parties involved in personal injury disputes. The service, known as RaPID, gives companies, employees and customers or other service users involved in personal injury disputes the option of using price-capped and time limited mediation, adjudication or arbitration to resolve their dispute.
RaPID was developed by DRS-CIArb in association with UK businesses, ADR professionals and members of the legal professions involved in personal injury work. For further details see www.rapidADR.com.
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Out of Court Newsletter - 8th Edition
The 8th Edition of the Out of Court Newsletter issued by her Majesty's Court Service is now available. The latest news from HMCS about their initiatives to promote mediation and other forms of ADR are covered in the newsletter, as well as news on the re-launched National Mediation Helpline.
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CDP joins forces with Chartered Institute of Arbitrators
Two of the UK’s leading providers of alternative dispute resolution (ADR) services, The City Disputes Panel and The Chartered Institute of Arbitrators, have entered into a co-operation agreement to pool resources and provide education and training in arbitration, mediation and other forms of ADR.
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Costs Sanctions and the Refusal to Mediate
The Court of Appeal has issued a final warning to parties that costs sanctions will follow an unreasonable refusal to mediate. Nick Wilcox and Nigel Brook from the International law firm Clyde & Co examine the 2005 case of Burchell v Bullard and ors.
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The Resolution - Spring 2006
The latest edition of The Resolution details the CDP's recent co-operation with the Chartered Institute of Arbitrators and takes a light hearted look at the serious issues of the importance of the lawyer's contribution to a successful mediation. We also pay tribute to our former chairman Brian Keelan.
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ADR Information
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Resolving Costs Disputes
In this article Martin Ellis, a retired senior costs judge, discusses the increase in costs disputes and offers a simple method of resolution. Mr Ellis is a specialist panellist with the City Disputes Panel.
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See You Later, Litigator
The City Disputes Panel is a pioneer in the field of disputes involving multiple claimants. Lord Browne-Wilkinson, a former senior law lord, looks back at one such scheme tailor made by the City Disputes Panel that he chaired and highlights the advantages of such a scheme and the benefits to all parties and looks to encourage the wider use of similar arrangements.
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Resolving the Matter: The Benefits of ADR in Employment Disputes
Employment tribunals cost employers millions a year in legal fees and management time. Karl Davies, Chief Executive of the City Disputes Panel, discusses the benefits of considering Alternative Dispute Resolution before both sides resort to litigation.
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Alternative Dispute Resolution in the Workplace
With the number of applications to employment tribunals still high and the prohibitive cost of pursuing a case through the courts, interest is growing in alternative dispute resolution. Paul Suff looks at the situation in this extract from the IRS Employment Review.
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National Mediation Helpline
This initiative from the Department for Constitutional Affairs in association with the Civil Mediation Council, signals the Government''s commitment to make mediation available to as wide an audience as possible.
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Mediation – Resolving Conflict
This article explains the effectiveness and general conduct of mediation as a process for resolving conflict in the conduct of business relationships. It does so by illustrating two scenarios, one, the common effects of taking a dispute to court and, two, of engaging a professional and independent mediator to assist the parties to work together to explore the issues within their dispute and to identify opportunities as to how they may resolve the dispute.
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ADR Skills and Knowledge Resources
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Preparing for Mediation
To obtain the best outcome from mediation it is important to have considered all the options carefully and to have prepared thoroughly. Access our free guides to preparing for mediation and on mediation position papers. The City Disputes Panel is grateful to Jon Lang, an experienced mediator, who contributed to the preparation of these guides.
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Drafting Dispute Resolution Clauses
This series of articles looks at the value of building into contracts resolution procedures to deal with disagreements. The articles examine alternative dispute resolution clauses in particular mediation, arbitration, expert determination and adjudication.
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Dispute Management
In this five part series, solicitor and mediator Miryana Nesic provides advice for commercial corporations on how to effectively manage disputes and design dispute management systems.
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Mediator Briefing
An update for mediators about some of the liability risks they may face, based on developments in other parts of the world.
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Conflict Consulting Programs
There are clear advantages for businesses in using Alternative Dispute Resolution. The US based Henning Mediation and Arbitration Service explains how their consultation programs assist businesses.
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Skills for Mediators
Some advice for mediators on the steps they might take when faced with difficult or unwilling participants in mediation including some examples of the approach adopted in other parts of the world.
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UIA Code of Conduct for Mediators
The City Disputes Panel subscribes to the UIA (International Association of Lawyers) Forum of Mediation Centres. The CDP supports the Code of Conduct for mediators that the forum has issued
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Pre-Action Protocol for ADR
In considering the use of alternative dispute resolution, including mediation and arbitration, preparation is vitally important. We are grateful to CMS Cameron McKenna for allowing us to reproduce this Pre-Action Protocol for ADR.
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Recommended ADR Reading
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Butterworths Mediators on Mediation
Butterworths Mediators on Mediation brings you a collection of personal accounts from UK and International commercial mediators. Together they provide a unique insight into this often complicated process, and their experiences and innovations in the mediation suite.
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Russell on Arbitration
"If ever there was a book which every practising arbitrator, or anyone involved in the topic of arbitration, should have or have easy access to, it is this." A review by Peter Brown.
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Mediation for Managers
Mediation is now widely recognised as a highly effective way to reduce conflict, resolve disputes and build a productive workplace. Mediation for Managers focuses on getting mediation skills and the mediation process out of the classroom and away from the lawyers - and directly into the hands of managers where it is needed most.
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International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions
The first book of this type, this new edition gives complete coverage of the use of UNCITRAL's Model Laws on International Commercial Arbitration and the new UNCITRAL Model Law on International Commercial Conciliation; over 50 national adoptions are considered.
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Jurisdiction and Arbitration Agreements and their Enforcement
This book provides an in-depth treatment of jurisdiction, arbitration and mediation clauses in commercial contracts. It supplies detailed guidance on their validity, scope, construction, incorporation and enforceability, and covers, in addition, multi-tier resolution clauses.
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International Dispute Resolution Volumes I & II
This new two volume work provides easy access to essential reference materials needed for domestic and international ADR. In these Volumes you will find many of the materials referred to in Bernstein's Handbook of Arbitration and Dispute Resolution Practice.
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Law & Practice of International Commercial Arbitration
This fourth edition contains a comprehensive review of the international commercial arbitration process from start to finish; includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration and explains how it should be conducted to be cost effective and profitable.
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Bernstein's Handbook of Arbitration and Dispute Resolution Practice
Fully expanded and updated to include the most recent developments and acknowledge the growing importance of alternative dispute resolution.
· Features full coverage of the law and practice of arbitration
· Construction industry arbitration
· International commercial arbitrations
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For other ADR and information resources go to our
Useful Links page
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