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Focus on expert determination – a valuable tool in the ADR arsenal

Anyone involved in the management and resolution of commercial disputes should be familiar with the wide range of dispute resolution options which are available over and above court litigation (or its established alternative, arbitration) and keep them in mind when drafting dispute resolution clauses in their contracts. The more traditional routes of litigation and arbitration may not necessarily be the most appropriate choice.

In addition, for those already involved in litigation or who intend to litigate, it is important to be aware that promotion of alternative dispute resolution (ADR) is one of the key ways in which the courts are trying to reduce the costs of the litigation process.  The civil courts system in England and Wales is experiencing a period of significant reform and the focus now, more than ever, is on litigating at proportionate cost. Parties should explore all options for settlement in the early stages of a dispute and respond promptly and constructively to any settlement approaches made by the other party.  Failure to do so may lead to costs penalties.

Malcolm Simpson, partner in the Litigation & Dispute Resolution Group at Walker Morris, wrote an article for Corporate Disputes Magazine which focuses on expert determination and offers some practical advice for businesses. Read the full article here.

First published in Corporate Disputes Magazine Jul-Sep 2017.

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