Mark Ashworth - ADR Solutions


Arbitration News

Arbitration News

7/16:

Canada to launch “world first” MedArb

ADR Institute of Canada pushes pioneering role with planned launch of new rules, designation and templates for Med-Arb. read

 
7/01:

Texas Court Says Express Consent is Key if You Want Your Mediator to Arbitrate Disputes That Arise When Memorializing a Settlement

If parties wish to empower their mediator to arbitrate open issues, however, the language in any settlement reached at the conclusion of a mediation should clearly and unambiguously express the consent of both parties for the mediator to serve in that role, as per a recent Texas appellate court decision. read

 
6/25:

When Memorializing a Mediated Settlement, Empower the Mediator to Resolve Any Disputes Over Language

To avoid any issue with the enforceability of an agreement in principle signed at the conclusion of a mediation, parties should agree in advance that if negotiations to memorialize the settlement in a more formal agreement break down, the mediator shall resolve any remaining disputes over language or otherwise. read

 
6/06:

The Merits of Med-Arb

If Mediation Fails to Resolve a Dispute, Should Parties Let the Mediator Arbitrate? read

 
5/23:

Business mediation can avoid the grind of litigation

As compared to litigation and arbitration, mediation is less expensive and far quicker. Further, mediation can lead to a resolution broader than the issues raised in a particular lawsuit and may even lead to an ongoing business relationship among the parties. read

 
5/15:

LIDW19 ends on a high

As London International Disputes Week draws to a close, a commercial courts report highlights London's record year, while organizers are optimistic the inaugural LIDW will be back next year. read

 
4/09:

San Antonio and its firefighters union agree to mediation over contract terms

The city and San Antonio’s firefighters union have agreed to continue contract negotiations with assistance from a mediator, avoiding arbitration for now. read

 
4/02:

Legal voices in Cork endorse 'alternative dispute resolution'

While litigation will remain the dominant mechanism in resolving disputes, there are now several alternative mechanisms such as arbitration, mediation and conciliation to consider. read

 
1/08:

Ontario court deems Uber’s mandatory arbitration clause ‘unconscionable’

The Ontario Court of Appeal has reversed a lower court decision in a proposed class action against Uber. The court determined that the company’s arbitration provision, which sends matters for arbitration to the Netherlands, represents an “unfair bargain” and is “unconscionable.” read

 
12/10:

A Glimpse into the Future of Alternative Dispute Resolution in China

The Chinese legal system has matured dramatically in the past 10 years. ADR is also growing, with more than 300 providers doing business in China and arbitration being regularly used. read

 

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