Hardy ADR
Alternative Dispute Resolution
Is the news about vaccines giving business sufficient confidence to settle disputes? In the last couple of days I have seen parties in two unrelated, protracted disputes caused by the pandemic suddenly make significant offers and counteroffers. Is anyone else seeing this? Is this a trend or am I seeing a false dawn?
If you want to find out more about the brand new form of ADR developed specially to address contractual problems thrown up by the pandemic follow this link to read the Protocol and Model Agreement.
To watch the video of this webinar, follow this link and complete the LCAM registration form. In the webinar we explain how Facilitated Contract Renegotiation can save contracts under stress caused by the pandemic.
The pandemic is producing novel disputes where neither party can say the other is at fault. Insisting on contractual remedies is of little value, particularly where performance is no longer feasible or security is no longer sufficient. Short term fixes are inevitable but they often just store up trouble. Renegotiating contracts in the context of such an uncertain future requires open and frank conversations but this is often not possible where the level of trust between the parties is not high. Can the assistance of an experienced, independent third party facilitate the discussions necessary to help the parties find their own solution?
IPOS announce that 14 of its panel mediators have been recognised by Who’s Who Legal in their 2020 analysis of the global mediation market. ‘Our mediators were recognised for their exceptional handling of complex disputes in mediation proceedings.’
CEDR and the CIArb combine to launch a Pandemic Business Dispute Resolution Service. CIArb contribute an expedited arbitration solution and CEDR an interesting new ‘Facilitated Contract Negotiation’ offering designed to use the skills of a third party ‘Neutral’ to help parties avoid contractual difficulties escalating into a dispute.
An interesting dissection of Dominic Cummings’ explanation of his visit to Barnard Castle shining a light on the art of drafting a witness statement.
In an interesting intervention the Cabinet Office issued guidance encouraging parties to contracts to ‘act responsibly and fairly, in order to support the response to Covid-19 and protect jobs and the economy’. It is inevitable that disputes will multiply as a consequence of the impact of lockdown on the economy but most business will have more important issues to attend to than litigation right now. It seems likely that short term compromises will need to be agreed to keep businesses alive but in the longer term there will be a flood of claims.
Building on the Common Law links between the UK and Cyprus, the British High Commission hosted a two-day workshop on 27 – 28 January in collaboration with AISM Management Ltd on Negotiation in Business Skills.
This was my third visit to Cyprus to help run a two-day workshop organised by the British High Commission in Nicosia.
Traditionally the financial services sector has preferred to resolve its disputes through litigation but in this article Tim examines the reasons why attitudes are changing and arbitration is gaining favour.
Tim wrote this article to coincide with his joining the JAMS panel In New York seeking appointments as an international arbitrator and mediator in financial and commercial disputes originating from North American.
In international commerce, it is not unusual for the contractor to accept that the contract itself is subject to the law of the employers’ jurisdiction (local law) in return for payment guarantees to be subject to the law of the contractor’s jurisdiction. This article discusses the problems that can arise if the contractor’s attempts to call on the guarantees are met with an argument that as a matter of local law the contractor cannot call on the guarantees.
In this LexisNexis webinar I reviewed the developments in law, practice and procedure relating to the use of experts and their evidence.
