The Master of the Rolls recently observed that what was once known as "alternative dispute resolution" should no longer be seen as alternative, and that methods like mediation and early neutral evaluation, by which parties seek to resolve their disputes outside a formal adjudicative process, are instead just additional tools in the litigator's kit.
The Commercial Court has taken this to heart, and in the recently published 11th edition of the Commercial Court Guide, renamed "alternative" dispute resolution to "negotiated" dispute resolution.
In this session we will provide an overview of the different types of negotiated dispute resolution processes available, discuss when they should be used and consider whether contractual provision should be made for them.
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