The new FPR provisions on NCDR Fresh carrot, Bigger stick but no mandation
Автор: Class Legal
Загружено: 2024-02-20
Просмотров: 652
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This panel discussion, from leading experts and chaired by HH Stephen Wildblood KC, looks at the momentum behind the changes to the FPR 2010 which will come into effect on 29 April 2024 and their likely impact. Whilst the government has stopped short of mandating mediation, the amended rules provide new ways for courts to support NCDR, and in some instances the potential for a costs sanction for those who unreasonably refuse to engage in it. The definition of NCDR has been expanded to include, in addition to mediation, evaluation (such as a private dispute resolution appointment), arbitration and collaborative law. MIAM providers will also now be required by the FPR to advise about all NCDR options.
https://financialremediesjournal.com/...
See also civil court (Master Marsh) decision that correspondence between lawyers although marked WP on ADR is to be treated as open https://caselaw.nationalarchives.gov....
https://financialremediesjournal.com/...
All due credit to Caroline Bowden for her excellent summaries / Blogs including MIAM exemptions - they can be found here https://anthonygold.co.uk/people/caro...
Links for NCDR can be found here https://financialremediesjournal.com/...
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