Legal terms explained: Mediation in practice

Mediation is probably the most common form of Alternative Dispute Resolution (ADR) used. It is a voluntary facilitated negotiation where an independent third party helps parties to reach agreement on a confidential and without prejudice basis.

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News in brief: November 2011

From 1 October only fatal or major injuries can be reported to the Health and Safety Executive (HSE) by telephone, with other incidents having to be reported online via the HSE website. The HSE says over half of reportable injuries are notified via the website already.

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Earlier fatality prosecutions

Earlier prosecutions are likely after work related deaths following a new agreement reached between the Health and Safety Executive (HSE) and other health and safety related organisations.

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UK cheapest for arbitration

A major survey into the costs of international arbitration shows the UK cheaper compared to the European average, with claimant costs 10 per cent lower, external legal fees 26 per cent lower and arbitrators’ fees 18 per cent less.

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New era for court costs

A new era of court controls over legal costs looks possible with the start of a pilot scheme introduced in the Technology and Construction Court (TCC) from 1 October.

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Change but no revolution

The long awaited amendments to the Construction Act came into force in England and Wales on 1 October, with Scotland having to wait a month longer before the new regime took effect.

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Europe keen on ADR

In our latest alternative dispute resolution series of articles, Alexander Whyatt of Clyde & Co examines a European Parliament draft publication on ADR. The Parliament is clearly keen to see its use expand.

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Insuring the professional risks of surveyors

Insurance expert John D Wright of JD Risk Associates reviews the problems faced by surveyors in particular in their dealings with the insurance market. Claims rise alarmingly when recession hits the property market, he observes.

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The trouble with weather …

David Bordoli of Driver reviews the NEC3 provisions for weather compensation events. Not only is there still misunderstanding of what triggers a compensation event, but the official guidance is misleading.

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Honesty is the best policy

Outright lying and deliberate misrepresentation to win work are obviously not to be recommended, but Alison Groat of Pinsent Masons urges close attention to ensuring that honesty and openness are touchstones throughout contractual relationships.

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