Category Archives: Alternative Dispute Resolution

The judge as deal-broker – Should you try a Chancery FDR?

Court based ADR hearings, where a judge attempts to assist parties to reach terms of settlement, are on the rise. This is a concept that has been around for some time but which appears to have been embraced with greater enthusiasm since the pandemic as a solution to the backlog many courts are struggling with […]

Letting the cat out of the bag? What are the implications of Haley v Haley for the arbitration of TOLATA disputes, 1975 Act claims and Schedule 1 matters?

The decision of the Court of Appeal last week in Haley v Haley [2020] EWCA Civ 1369 represents a fundamental shift in the approach to be taken to challenges to financial remedy arbitration awards, made upon divorce or dissolution of civil partnerships pursuant to the provisions of the Matrimonial Causes Act 1973 (“MCA 1973”) (or […]