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Relaunch of pilot scheme for adjudication in professional negligence claims

An alternative dispute resolution method for professional negligence matters, first offered in early 2015, has just been relaunched. In February 2015 an adjudication pilot scheme was introduced as an alternative to court for professional negligence disputes.

Risks in refusing to mediate

Mediation is a form of “alternative dispute resolution” (ADR) involving a third party neutral mediator seeking to resolve the dispute between parties on a face to face basis, normally lasting one day.

What are the revised Family Procedure Rules 2010?

The recent amendments to the Family Procedure Rules 2010 (effective as of 29th April), mark a significant change to conventional approaches to dispute resolution in family matters. With a pronounced emphasis on mediation and other non court dispute resolution methods (NCDR), these changes herald a new era of resolving familial disputes.

A guide to disclosure under the disclosure pilot

Disclosure involves identifying and making available documents that are relevant to the issues in dispute to the other parties to the case.

When to use the term 'without prejudice'

We often see ‘without prejudice’ ("WP") on communications between parties in dispute. The suggestion seems to be that adding that banner to a letter might offer some magical protection down the line if the dispute is not resolved. It doesn’t, but a fuller explanation of the principle of without prejudice might be useful.

What is contentious probate?

Contentious probate is the umbrella term for any dispute relating to a person's estate after their death.

What is the professional negligence pre-action protocol?

The pre-action protocol encourages an early exchange of information, narrowing of issues and consideration of alternative methods of dispute resolution, with a view to wherever possible promote settlement of disputes without the need to issue court proceedings.

Will disputes; retrospective capacity assessments

Jean Clitheroe had three children, Debra, Susan and John. On 19 December 2009, Debra sadly died of cancer. Jean was, understandably, deeply affected by Debra's illness and death and as Jean put it, "took to her bed" from the day of Debra's death in late 2009. Jean remained bedridden until her death on 11 September 2017.

Top tips on standard disclosure in litigation

Whether your claim is small or large, a professional negligence or breach of contract or share sale dispute or any other litigation claim going through the court system, disclosure of documentary evidence is going to be a key aspect of the dispute.

In court: Partnership agreement at odds with will

The ownership of a farm was at the centre of a dispute between three (of four) siblings after the death of their parents, Mr & Mrs Williams.