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View the related checklists about Alternative dispute resolution

Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

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Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration (and sometimes also dealing with jurisdiction and applicable law). However, it is possible to include a dispute resolution clause which provides an alternative to this by setting out other forms of alternative dispute resolution (ADR) to be followed in the event of a dispute. These are sometimes identified as ADR clauses.Parties have several options open to them (see list below), but it is important to understand the consequences of your drafting decisions. This Practice Note considers some of the clause options available and assess some of the issues in relation to each type of clause.The types of dispute resolution clause considered in this Practice Note are:•litigation only clauses•mediation clauses•multi-tier clauses (escalation clauses)•hybrid clauses, and•carve-out clausesFor guidance on the key issues as to the enforceability of dispute resolution clauses and challenging jurisdiction (including applying to stay proceedings) where proceedings are commenced in breach of such a clause, see Practice Note: Drafting a dispute...

Mediation—advantages and disadvantages

This Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales.What is mediation?Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (ADR).Mediation is a confidential process which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute.For an overview of the mediation process, see: Mediation—overview.The Ministry of Justice published a ‘guide to a civil mediation’ in July 2021 which provides information about the benefits of civil mediation and how to find a mediator.Why consider mediation?There are many reasons why seeking to settle a dispute may be appropriate, ranging from preservation of a commercial relationship between the parties, minimising litigation cost and time and maintaining confidentiality surrounding a dispute. For general information on settling disputes, see Practice Note: Settling disputes—what, when and why settle?Therefore, when advising a client at the outset of a dispute, it is important to consider...

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Letter to complainant—written response—deadlock or final letter

Letter to complainant—written response—deadlock or final letter [Insert complainant’s name] [Insert complainant’s contact address] Our ref: [insert complaint reference number] Dear [insert complainant’s name] I am writing to confirm I have concluded the investigation of your complaint that I received on [insert date complaint received]. 1 Your complaint The specific issues of your complaint were: [insert details] The investigations I undertook were: [insert details] 2 Our decision Based on these investigations I have concluded that: [insert details] 3 [ Remedy The remedies I think are appropriate are: [insert details] Please contact me by [insert date] to confirm whether you accept my proposed remedies. If you accept my proposed remedies I will ensure [insert details].] 4 Complaining to the Legal Ombudsman [We have been unable to settle your complaint using our internal complaints process. You may have a right to complain to the Legal Ombudsman OR If you are not satisfied with our consideration of your complaint you may be able to ask the Legal Ombudsman to consider...

Alternative dispute resolution clause

Alternative Dispute Resolution

View the related q&as about Alternative dispute resolution

Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a remote mediation?

Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a remote mediation? This question is difficult to answer as it has yet to come before the court and, as all litigators know, exactly what a court is going to do is difficult to predict! However, recent case law indicates that the courts are, perhaps, becoming tougher on parties who unreasonably refuse to try alternative dispute resolution (ADR)—see, eg the recent case of Wales (t/a Selective Investment Services) v CBRE Managed Services where the successful defendant was deprived of a substantial proportion of its costs on the basis of an unreasonable refusal to mediate. This decision follows closely behind those in DSN v Blackpool FC (see News Analysis: Indemnity costs under Part 36 and extended for refusing to engage in ADR (DSN v Blackpool Football Club)) and BXB v Watch Tower where the claimants successfully sought indemnity costs on...

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Arbitration weekly highlights—8 May 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from Singapore, Switzerland, the European Commission and the PCA; and updates from UNCITRAL, AAA, ICAC and CIArb. All this, and more, in our weekly highlights.

Supreme Court decision on the qualifying period for adverse possession (Brown v Ridley)

Property Disputes analysis: In a leapfrog appeal from the Upper Tribunal (Lands Chamber) the Supreme Court has interpreted paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002 (LRA 2002) to require that an applicant for registration of title to land on the basis of adverse possession must only demonstrate that they held a reasonable belief that the land in question belonged to them during some (any) continuous ten-year period of their possession arising before the date the application was made. The decision of the Court of Appeal in Zarb v Parry was wrong in assuming a different construction of the statute which was unworkable in requiring the applicant to demonstrate a period of reasonable belief that ended on the very date the application was made. Written by Tiffany Scott KC, barrister at Wilberforce Chambers.