TBG launches arbitration court with experienced ADR provider, Court clears solicitor of negligence in mediation settlement
Lisa Rodger
Mediation Manager at TBG Mediation Let me help you find an accredited civil mediator anywhere in England and Wales at a fixed fee price
THE HOT STORY
The Barrister Group launches arbitration court with experienced ADR provider
The Barrister Group (TBG) and Hunt ADR,?a leading provider of arbitration services in the UK, have launched The Private Arbitration Court, a joint venture in UK arbitration which aims to provide access to arbitration via a streamlined process with a transparent, fixed cost fee structure, so enabling parties to resolve disputes efficiently and with financial certainty. TBG Co-Founder Stephen Ward said: “This collaboration is a natural fit for both of our organisations. We are bringing together our combined expertise to create a service that truly reflects the future of arbitration. The Private Arbitration Court will not only streamline the process but also elevate the experience for clients with our unique blend of professionalism, technology, and agility, all at a fixed cost.”
ALTERNATIVE DISPUTE RESOLUTION
AI-powered Alternative Dispute Resolution is the future
Writing for Bloomberg Law, Oliver Roberts,?co-head of Washington D.C. based Holtzman Vogel’s AI practice group and CEO and co-founder of Wikard, a legal AI technology firm, says?the convergence of artificial intelligence and?Alternative Dispute Resolution is inevitable as AI progresses, and it could fundamentally change the US judicial system and raise fundamental questions about the need and efficacy of traditional legal institutions. He cautions, among other issues, about bias in training data influencing decisions unintentionally, and the "undeniable" potential for malfeasance in an AI court system. Notwithstanding these concerns,?large companies are rapidly integrating AI?into their operations to cut costs, and soon may adopt AI-powered dispute resolution platforms as a cost-effective, risk-reducing alternative.
Judge advocates ADR integration into Ghana’s legal framework
In a message at the launch of “The Mediation Bridge” institution in Ghana's capital, Accra,?Chief Justice?Gertrude Torkornoo said the integration of mediation into the West African country’s legal framework will enable the judiciary to fully harness mediation’s potential in offering alternate dispute resolution and improving access to justice.?“Mediation indeed truly serves as a bridge for many who may not have the resources or the time to engage in prolonged litigation. It significantly eases the workload of our courts and this increases the efficiency and quality of judicial procedures ensuring that justice is not only done but it is seen to be done . . . Through mediation, individuals gain a platform to resolve disputes in a timely, cost-effective manner, bypassing the complexities and delays often associated with traditional litigation. Mediation not only fosters quicker resolution but also empowers the individual by promoting collaboration, empathy and mutual understanding,” Torkornoo said.
Punjab committed to dispute resolution policy
The Punjab government has said it is committed to the effective implementation of “Punjab Dispute Resolution and Litigation, Policy 2020” in the larger public interest.?The policy says the state shall take effective steps to reduce new disputes before the courts, and employees will be encouraged to settle disputes at the level of the state itself or through an alternative dispute resolution system.
MEDIATION
Court clears solicitor of negligence in mediation settlement
The High Court has ruled that a solicitor, Robert Whitehouse of Canfields, acted competently in a mediation settlement involving John Blower, a businessman who faced bankruptcy. Blower, who had financial troubles stemming from a loan for a Hawker 800 corporate jet, initially agreed to a ￡1.5m settlement but later sought to retract it. His Honour Judge Paul Matthews said: "In my judgment [the solicitor's] advice in this respect was not negligent," noting that Blower himself negotiated the terms. The judge observed that the absence of Blower as a witness weakened the claimant's case. Solicitors Simon Myerson KC and Jonathan McNae represented Blower, while Jonathan Seitler KC and Lemuel Lucan-Wiklson defended GH Canfields LLP.
Mediating False Claims Act cases
Trevor Howell, a mediator with Miles Mediation & Arbitration in Nashville, explores the complexities of False Claims Act (FCA) cases, drawing from his extensive experience in labour and employment law and alternative dispute resolution (ADR). Howell discusses the unique aspects of FCA cases, including heightened burden of proof, specific types of fraud, and the intricate mediation process involving government and private parties. With damages often reaching millions, mediation can be challenging, particularly due to the statute’s punitive focus and complex fact patterns in areas like healthcare. Howell emphasizes the importance of skilled mediators in facilitating timely and satisfactory resolutions.?
CONFLICT RESOLUTION
Countryside still divided 20 years after UK's Hunting Act
BBC News reports that trail hunting - which involves a rag soaked in animal scent being dragged along to lay a trail for the hunt to follow - remains a bitterly disputed topic in the countryside as the 20th anniversary of the ban on fox hunting approaches.?Those who oppose trail hunting claim it allows illegal fox hunting to continue.?Daniel Cherriman, the master of the South Shropshire Hunt, believes a ban on trail hunting could have serious consequences. “Lots of hounds and lots of horses would be surplus to requirement, lots of staff would lose their jobs, lots of families would lose their homes,” he said.?A spokesperson for the?Department for Environment Food and Rural Affairs said the government "was elected on a mandate to introduce the most ambitious plans to improve animal welfare in a generation,”? and confirmed the government would seek to ban trail hunting "that allows for the illegal hunting of foxes, deer, and hares."
Conflicts are costing American schools millions
Analysis reveals that American schools incurred over $3bn in costs due to conflicts surrounding race, LGBTQ+ policies, and library book selections during the last academic year. The study, conducted by researchers including John Rogers from UCLA and Rachel White from UT Austin, surveyed 467 superintendents across 46 US states. It found that two-thirds of superintendents reported “moderate” or “high” levels of conflict, with high-conflict districts averaging costs of about $800,000. Legal expenses were a significant burden, often linked to lawsuits and public-records requests. The stress from these conflicts has also negatively impacted staff mental health, with 94% of superintendents in high-conflict areas noting adverse effects on staff well-being.
DISPUTE RESOLUTION
NJ Supreme Court's 'amazing' collaborative spirit
The New Jersey Supreme Court, currently holding a 4-3 Democratic majority, has gained attention for its unusual bipartisan approach to judicial appointments and decision-making. Over the past two years, the court has issued 88 decisions, with only 12 being non-unanimous, showcasing a remarkable level of agreement. William H. Mergner Jr., President of the New Jersey State Bar Association, said: “When I talk to people around the country . . . they're amazed at our system.” This collaborative spirit is attributed to unwritten traditions that promote cross-party cooperation, allowing justices to work together rather than engage in partisan conflict. Despite the political landscape, the court's consensus-building process has led to a more stable judiciary, with recent appointments fostering a culture of collaboration. As the court navigates complex issues, it remains a model for reducing judicial partisanship, even as other states face increasing political tensions in their judicial elections.
The future for dispute resolution following Mexico’s judicial reform
Eduardo J. De la Pe?a Bernal, a partner in the Miami office of Shutts & Bowen, where he is a member of the international litigation and arbitration practice group, says the?critical transformation resulting from Mexico's dramatic constitutional reform will result in companies or individuals doing business in or out of Mexico? trying to move their disputes away from the court system and into specialised international arbitral tribunals.
Russian dispute cases move to Asia and the Middle East
Hong Kong and Dubai have?become the preferred?arbitration?jurisdictions for Russian parties in?disputes?since countries in the West imposed sanctions on Moscow following the invasion of Ukraine. Nevertheless,?lawyers say it is still a challenge to find neutral?arbitrators who aren't constrained by their home country's regulations, the?legal?community, and political leanings.?Meanwhile, Russian parties to a?dispute who believe they might not receive fair treatment in certain jurisdictions have been using injunction measures that exist in?international dispute?resolution to prevent?arbitration?from going forward in a foreign jurisdiction, according to lawyers.
China weighs revising Arbitration Law
Chinese lawmakers have begun reviewing a draft revision to the Arbitration Law, marking the first significant update since its introduction in 1995. The proposed changes aim to enhance the legal framework of arbitration in China, aligning it more closely with international standards. The initiative seeks to improve the credibility and global competitiveness of China's arbitration system, ultimately fostering a business environment that is market-oriented, law-based, and internationalised.
Oak National Academy judicial review is put on hold
The judicial review concerning the transformation of Oak National Academy, which gives UK teachers and their pupils access to free high-quality digital curriculum resources, into a government quango has been temporarily halted. The British Education Suppliers Association, the Publishers Association, and the Society of Authors had previously been granted permission to challenge the decision, citing it as an “existential risk” to their sector and an “unlawful state subsidy.” A trial was scheduled for last week, but the involved parties announced that “the litigation has been put on hold with immediate effect.” They expressed their intention to continue discussions with the Department for Education, aiming for a resolution that would eliminate the need for further legal action.
FAMILY DISPUTES
LIM can alleviate strain on family court system
Katie Johnson writes about how?Lawyer Inclusive Mediation (LIM) and Hybrid Mediation can alleviate strain on the family court system at a time when they are facing significant delays, while supporting families through a less adversarial approach. She explains that?LIM, unlike traditional mediation, allows clients to have their lawyer’s support during discussions, so enabling more balanced and informed outcomes. Meanwhile, Hybrid Mediation combines LIM’s benefits with private sessions between each party and the mediator.?Antony Ball, Family Law Expert at Weightmans, explains: “Given the current pressures on the family court system, Lawyer Inclusive Mediation and Hybrid Mediation provide families with a practical, supportive route to conflict resolution. These approaches ensure both parties are well-advised throughout the process, minimising both cost and emotional distress. Mediation can not only lead to faster, fairer outcomes but also can allow for cooperative co-parenting.”
Why are lawyers hesitant about non-court options for divorcing couples?
Writing for FT Adviser, Graham Coy wonders why there is a "surprising hesitancy" amongst lawyers to offer out-of-court private dispute resolution options for separating couples, observing "I have come across too many lawyers who seem unwilling to pursue other dispute resolution options aside from litigation, despite those options being?speedier, less costly and more amicable in its processes."
WORKPLACE CONFLICTS
Train strike in Portugal suspended after union agreement
A strike by ticket inspectors and ticket office workers at CP – Comboios de Portugal, the state-owned company which operates passenger trains in Portugal, has been suspended following an agreement with the Itinerante Commercial Review Railway Union (SFRCI). The Ministry of Infrastructure and Housing, overseen by Miguel Pinto Luz, announced that negotiations had led to a consensus, enabling the union to suspend the strike that threatened to disrupt train services. CP confirmed the agreement, thanking the SFRCI for its collaborative approach. The company reiterated its commitment to fostering a fair work environment while ensuring service sustainability. "Cooperation was fundamental to achieving this consensus," said CP.
Former exam board head accepts settlement
Margaret Farragher, the former interim chief executive of Northern Ireland's exam board, the Council for the Curriculum, Examinations and Assessment (CCEA), has accepted a settlement of around ￡100,000 after claiming she was constructively dismissed and subjected to sex, race and age discrimination. A spokesperson for the CCEA said the case "was settled with no admission of liability," and that it would "continue to focus on the delivery of curriculum, examinations and assessment in Northern Ireland, enabling the full potential of all learners to be achieved and recognised." In a statement, Farragher said she was "relieved the process is finally over."
INTERNATIONAL DISPUTES
China reasserts South China Sea sovereignty amid Philippine boundary laws
China has expressed strong opposition to the Philippines' recent boundary laws defining its maritime entitlements in the South China Sea. Philippine President Ferdinand Marcos Jr. signed two laws aimed at reinforcing the country's sovereignty, which China claims infringes on its territorial rights. The Chinese Ministry of Foreign Affairs said “it will continue to take all necessary measures . . . to resolutely defend the country's territorial sovereignty and maritime rights and interests.” China asserts sovereignty over nearly all of the South China Sea, including areas claimed by the Philippines and other Southeast Asian nations. The tensions have escalated, with both countries reporting multiple confrontations in August alone.
Qatar suspends its mediation of Israel-Hamas talks
Qatar has suspended efforts to mediate a ceasefire between Israel and Hamas in a sign of its mounting frustration with the parties’ failure to agree to end the war in Gaza. The Gulf state says it has suspended its?mediation efforts?until the parties demonstrate “their willingness and seriousness” to bring the conflict to an end.