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27 November 2019
Issue: 7866 / Categories: Features , Profession , ADR
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Resolving intractable disputes: best practice

Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing
  • The court has a discretion to stay proceedings commenced in breach of an enforceable dispute resolution agreement.

Although not all business-people—or their lawyers—are convinced of the benefits of avoiding the courts, most are; and many commercial agreements now include clauses requiring structured negotiation and then mediation as a precursor to involving the courts.

In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] All ER (D) 86 (Aug)the court considered a typical structured dispute resolution clause. Ohpen was software designer which had a claim for £4.7m against its customer, Invesco, which in turn alleged claims against Ohpen for £5.7m. After failed negotiations, Ohpen lost patience with the resolution procedure, and commenced proceedings. Invesco sought an order to stay proceedings and enforce the mediation clause.

The parties had agreed that any awkward dispute should be: (i) referred to the respective contract managers to

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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