ADR can save litigants money and reduce stress, Court mandates ADR in legal cost disputes, Zelenskyy admits there is 'Western pressure' to negotiate
Lisa Rodger
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THE HOT STORY
ADR can save litigants money and reduce stress
The Scotsman
Writing for The Scotsman, John Sturrock KC, Senior Mediator at Core Solutions, says?alternative dispute resolution (ADR) can save litigants money and reduce stress levels. He notes that in England and Wales, the judiciary has displayed an increasingly supportive approach to mediation. Sanctions on parties who unreasonably refuse to engage in mediation can be imposed, where appropriate. In addition, changes to the Civil Procedure Rules, to reflect the recent Court of Appeal case of Churchill v Merthyl Tydfil, came into effect this month. That case decided that courts can lawfully stay proceedings for, or order parties to engage in, ADR. The author notes that it has been said that ADR is now squarely at the heart of English courts' approach to case management, and concludes by wondering whether, "With impending changes in leadership in the Scottish judiciary, might there be a fresh look at how we do things?"
ALTERNATIVE DISPUTE RESOLUTION
Court mandates ADR in legal cost disputes
A recent ruling made by King’s Bench Master Victoria McCloud insists that parties engage in alternative dispute resolution (ADR) prior to court hearings over legal costs. Writing for Financial News, Scott Dylan says the ruling is seen as potentially transformative in the legal field, encouraging the resolution of disputes outside of the traditional court setting to reduce congested court dockets. The case in question involves former Conservative MP Charlie Elphicke and Times Newspapers, and arises from a libel claim Elphicke filed over articles published in 2018.
Rule changes boost ADR push
Writing for Law Gazette,?Rachel Rothwell, the editor of?Gazette?sister magazine?Litigation Funding, looks at the changes to the Civil Procedure Rules (CPR) that came into force this month which give a statutory boost to the senior judiciary’s push towards alternative dispute resolution (ADR). The new rules embed into the CPR the Court of Appeal’s pro-ADR findings in the landmark ruling?Churchill v Merthyr Tydfil Borough Council?[2023] EWCA Civ 1416.
MEDIATION
Mediation is so rewarding for barrister Michael Bready
The Irish News has a Q&A with barrister and mediator Michael Bready. He says he is increasingly seeing the important role that alternative dispute resolution can play after facilitating mediation sessions across the UK and Ireland for a wide range of businesses ranging from large corporate employers to multi-generational family businesses.
Canada labour minister proposes new mediator for Montreal port workers strike
Canada's labour minister has proposed the appointment of a special mediator for a 90-day period for the Montreal port workers strike. Steve MacKinnon, writing on X, said that there would be no strike or lock-out during the deadline negotiation period. Talks between the Maritime Employers Association (MEA) and Montreal Longshoremen's union are deadlocked over wages.
CONFLICT RESOLUTION
Conflict resolution specialist reveals tools for national wolf dialogue
The Spokesman-Review speaks with?Francine Madden, executive director of the Center for Conservation Peacebuilding (CPeace), which helped Washington state navigate its grey wolf management process and has taken on the issue nationwide.?Last year, the US Fish and Wildlife Service launched "a new effort to create and foster a national dialogue around how communities can live with grey wolves (Canis lupus) to include conflict prevention, long-term stability and community security.” Madden will help guide this dialogue. “This conversation aims to give voice to all people, build understanding and determine a shared path forward,” said Jennifer Carpenter, chief of the Yellowstone Center for Resources.
NEGOTIATION
Zelenskyy admits there is 'Western pressure' to negotiate with Russia
The Herald
Ukrainian President Volodymyr Zelenskyy has acknowledged increasing pressure from Western partners to negotiate with Russia, and suggested that such discussions may not favour Ukraine. Zelenskyy told Ukraine's parliament that in "non-public communication with Ukraine," partners are increasingly mentioning?"negotiations."?During his presentation to parliament, he revealed his "victory plan," aimed at securing a just peace for Ukraine. Zelenskyy said: "If we start moving according to this victory plan now, it may be possible to end the war no later than next year." The plan includes a call for Ukraine to join NATO, which?Zelenskyy believes would demonstrate allies' commitment to support Ukraine. However, reactions to the plan have been mixed, with some politicians questioning its realism.
DISPUTE RESOLUTION
SFO and mining firm ENRC agree settlement over legal claims
City AM The Guardian
The Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation have settled a dispute that was due to go to the High Court, bring an end to the legal action. The Serious Fraud Office was defending itself against claims of misfeasance in a public office, conspiracy and breach of confidence. Former SFO employee John Gibson, now a partner at Cohen & Gresser, and Tony Puddicstill, a senior SFO investigator, were also set to defend the claims. A seven-week trial had been due to start on Monday last week but the judge granted those involved an extra day for discussions, having been informed that the parties were close to a settlement.
Social media users can appeal over content disputes to new settlement body
London Evening Standard
The Appeals Centre Europe, based in Dublin, is set to handle disputes from individuals and organisations across the European Union regarding content decisions made by major social media platforms like Facebook, TikTok, and YouTube. Certified as an out-of-court dispute settlement body under Article 21 of the EU Digital Services Act, it aims to provide an impartial and efficient service. Thomas Hughes, the centre's inaugural CEO, said: “Access to independent, expert, swift and affordable redress is core to upholding people's rights.” The centre will operate with a team of experts and will charge social media companies fees for each case, while users will pay a nominal fee that is refundable if they win their dispute. The centre is expected to start receiving cases by the end of this year.
New hire boosts firm's growing global disputes practice
Jones Day Madrid has hired?Pablo Do?ate Gazapo de Badiola?at a time when the US-headquartered law firm's international clients "face increasing levels of complexity in managing and responding to risks," according to Sion Richards, head of the firm's global disputes practice. The complexities include enforcing contractual rights in response to higher lending costs and economic turmoil, mitigating supply chain disruption caused by unexpected European and world events, and grappling with different civil and criminal regimes to pursue claims and resolve disputes.
FAMILY DISPUTES
Siblings win ￡4m inheritance battle
The children of Abdul Khan, a multimillionaire curry restaurateur, have triumphed in a ￡4m inheritance dispute after their eldest brother, Muhammed Iftekhar Khan, claimed he should inherit the entire estate. Following the death of Abdul in 2008 without a will, a High Court judge ruled that the ￡4.6m property portfolio in south London must be divided among all six siblings. Deputy Judge Saira Salimi stated that the properties were acquired with the “common intention” that all of Mr Khan's children should benefit. The siblings argued that their father intended for the properties to be shared, with specific allocations for his sons and daughters. The properties will now be sold, and the proceeds will be distributed among the siblings.
How siblings can avoid conflict while dealing with their parents' estate
With the so-called “Great?Wealth Transfer”?under way, Chartered Professional Accountants estimates $1 trillion will be handed down by baby boomers and the Silent Generation between now and 2026. Parents need to think about how well their children get along and whether it's wise to distribute executor responsibilities evenly, writes Karon Bales, a partner at the Toronto-headquartered law firm Bales Beall LLP who specialises in?family law?and trust and estates law. She says sibling-to-sibling communication is essential if the goal is to avoid conflict upon a parent's death. “Instead of running off and everybody lawyering up, if they spent some time talking about what their expectations are in dealing with the parents' estate moving forward, that might help,” Bales writes.
The growing importance of IFAs in divorce proceedings
Writing for IFA Magazine,?BDB Pitmans’ Meredith?Lawton explains why?independent financial adviser (IFAs) are playing an increasingly important role in divorce proceedings, and working closely with divorce lawyers.?To ease pressures on the courts and to encourage divorcing individuals to meet agreement between themselves, there is now an obligation to enter non-court dispute resolution procedures (NCDRs), and the author says that?IFAs can bring a better understanding at an early stage of the issues in the case, which could result in a smoother and quicker resolution through NCDR for the couple involved.
WORKPLACE CONFLICTS
Samsung workers end month-long strike at southern Indian factory
The strike at Samsung Electronics' factory in the southern Indian state of Tamil Nadu, supported by the Centre of Indian Trade Unions (CITU), has concluded after over a month of protests. The dispute, described as the largest in recent years, raised concerns about Prime Minister Narendra Modi's efforts to attract investment for local manufacturing. Samsung welcomed the end of the strike, which involved around 1,800 workers producing refrigerators, TVs, and washing machines. The company said: “We will not take action against workers who merely participated” in the strike. The Tamil Nadu government confirmed that discussions between management and workers led to the resolution. Workers had been demanding higher wages, with an average monthly salary of 25,000 rupees, and were seeking an increase to 36,000 rupees over three years. The plant is vital to Samsung's operations, contributing significantly to its sales in India. CITU plans to make an official announcement regarding the settlement soon.
How to encourage employees to speak up on workplace conflict
Employees are staying silent on workplace conflict - but HR can?encourage people to speak?up, writes?Rachel Suff, senior employee relations adviser at the?Chartered Institute of Personnel and Development. She advises: "Where appropriate, employers should consider using the more informal routes to resolution. When differences are addressed and proactively managed at an earlier stage, there’s a much better chance of stopping the problem from escalating and becoming a full-blown dispute."
INTERNATIONAL DISPUTES
Indians in Punjab fear dispute with Canada endangers their work and study plans
Daily Mail
Indians in Punjab are increasingly concerned that recent tit-for-tat?expulsions of diplomats in Canada and India could jeopardise their plans to work, study, or visit family in Canada. Karan S. Thukral, an immigration lawyer, said: "Many clients have reached out, worried about how this might affect their plans to migrate to Canada." With over 800,000 Sikhs in Canada, many of whom are students from Punjab, the impact of these tensions is significant. In 2022, Indian students held more than 41% of Canadian student permits, contributing approximately C$22bn to the country's economy. Political science professor Kanwalpreet Kaur emphasised the interdependence of both nations, saying: "It is something that both countries cannot afford." The diplomatic rift began after Canadian Prime Minister Justin Trudeau alleged Indian government involvement in the murder of Sikh separatist Hardeep Singh Nijjar.
EU top court rules that agreements with Morocco failed to include Western Sahara's consent
The European Union's top court has ruled that the fisheries and agriculture agreements between the EU and Morocco, established five years ago, are invalid due to a lack of consultation with the people of Western Sahara. The court stated that for these agreements to be valid, they "must receive the consent of the people of Western Sahara," which was not obtained. The ruling emphasised that the deals were concluded in violation of self-determination principles. The court observed that the EU institutions had launched a consultation process before concluding the agreements, but said this involved people who were present in the territory, "irrespective of whether or not they belong to the people of Western Sahara." It noted that "a significant proportion of that people now lives outside that territory."
Philippines and South Korea agree to deepen maritime cooperation
Daily Mail
The Philippines and South Korea have committed to enhancing maritime cooperation amid rising tensions in the South China Sea. During a meeting in Manila, South Korean President Yoon Suk Yeol and his Philippine counterpart Ferdinand Marcos?agreed to strengthen ties between their coast guards, focusing on "tackling transnational crime, information sharing and conducting search and rescue missions." Yoon emphasised the importance of a "rules-based maritime order" and the need for freedom of navigation in the contested waters. The cooperation agreements also include critical raw material supply chains and a feasibility study for reviving the Philippines' Bataan Nuclear Power Plant. President Ferdinand Marcos remarked: "As the geopolitical environment is only becoming more complex, we must work together to achieve prosperity for our peoples."
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