Ellisons Solicitors’ Post

Courts in England and Wales are now empowered to order parties to use alternative dispute resolution (ADR) where it is proportionate to do so. Iain Drummond and I consider the implications of this in the article linked below. Key takeaways include that parties ought to thoroughly consider and undertake ADR where practicable, as 'unreasonably' failing to do so may result in cost sanctions under Rule 44 of the Civil Procedure Rules.

Can courts mandate the use of alternative dispute resolution (ADR)? Recent changes to the Civil Procedure Rules have sought to promote the use of ADR and they now explicitly empower courts in England and Wales to order parties to engage in ADR under certain circumstances. Partner Iain Drummond and Trainee Valentin Pyataev discuss the significance of these changes for parties in litigation.

📢 New Article Alert! Curious about the process of taking legal action in Scotland? Our latest article, "Filing a Civil Court Action in Scotland: Step-by-Step Guide," breaks down everything you need to know—from considering alternative dispute resolution to enforcing court judgments. If you're facing a legal dispute, this guide will help you understand each step clearly. 👉 Read more:  https://lnkd.in/e7eeEqZM

Where your land is located determines where your case will be accepted. It is only the court in the state where your land is situated that has the power to entertain disputes relating to your land. No matter where you are resident, to handle a land dispute you need to move to the place where the land is situated, locate the nearest court to the land and file an action in that court. It doesn't matter how remote the area where the land is situated is, provided there is a court, that is the only place you can be entertained and no where else. This is the life of a litigation lawyer handling a land matter who gets to move to various jurisdictions in most cases from one jurisdiction to another to ensure that justice in land matters prevails. When having a land dispute which is a long distance from where you reside, engage the services of your lawyer but note that the matter can only be done in the place where your land is situated. #propertylawyer #landlaw #jurisdiction #court #litigationlawyer

Amendments to the Civil Procedure Rules which give courts the power to stay proceedings (put proceedings on pause) and order parties to engage in alternative dispute resolution (negotiation with a view to settlement). #litigation #commercialdisputes #cpr #law #negotiation #commerciallitigation #contractdisputes

The current economic climate is affecting my law practice. Will offering mediation reduce my income? A: Quite the opposite! Representing clients in mediation can actually help you grow your client base and improve fee collections. Lawyers who settle cases through mediation often see higher rates of fee collection for the work they’ve billed. Got a question about mediation services? Feel free to drop it in the comments below! #mediationservices #arbitrationservices #milesmediation

Charlene Walsh and Hilda Mannix from RDJ's Dispute Resolution team consider the key aspects of settling civil disputes in Ireland in this Practical Law Global Insight. In particular, they consider the legal or statutory duties and obligations on parties, if any, to attempt settlement, the form and formalities of settlement, the application of the without prejudice rule and enforcement of settlement terms. #RDJ #Disputeresolution #Legalinsight

A practical useful consideration of the key aspects of settling civil disputes in Ireland. Well worth a read.

🚨 Is Your Lawsuit Stale? Understanding Rule 48 Dismissal for Delay 🚨 Civil actions in Ontario generally have a 'shelf-life' of five years under the Rules which govern them. If not resolved or moved forward within this period, they risk being administratively dismissed for delay under Rule 48.14. After a hiatus during the pandemic, the courts resumed issuing Dismissal Notices in May 2024, catching many parties off guard. In his latest article, Soloway Wright litigator Kristopher Dixon explores: ✅ The causes and consequences of delays in civil litigation ✅ Key rules and timelines under Rule 48.14 ✅ Options for plaintiffs facing a Dismissal Notice Litigation delays can lead to frustration and, ultimately, justice denied. Stay informed and learn how to avoid pitfalls in your legal actions. 📖 Read the full article: https://lnkd.in/grYUYDPi 👨⚖️ For tailored advice on your case, consult a lawyer: https://lnkd.in/gYhRZFWr #Litigation #OntarioLaw #CivilProcedure #Rule48 #LegalInsights #SolowayWright

Starting this month, new court powers will compel parties to engage in #AlternativeDisputeResolution (ADR), helping disputes to be settled faster and more cost-effectively. At Slater Heelis, we’re prepared for these changes, ensuring our clients benefit from this forward-thinking approach to resolving disputes. Read our latest blog to learn more about how these amendments to the Civil Procedure Rules could affect your case, and how #ADR can offer a quicker, more flexible solution to #litigation: John Gorner