Alternative Dispute Resolution in Scotland

On Demand


Alternative Dispute Resolution in Scotland – A Practical Guide

On Demand

Speakers: Tim Edward


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2hrs CPD

Tim Edward will review how alternatives to court resolution of disputes have developed in recent years up to and through the pandemic and give a guide to recent case law in the relevant areas and possible legislation which might change the terrain.

As the cost of litigation continues to rise, the attractions of ADR become more pronounced. There is political will to capitalize on this in terms of support in particular for mediation and arbitration in Scotland. Tim will review both developments to date and future possible initiatives in these areas and across the range of ADR. He will cover:

  • The Mediation (Scotland) Bill – where are we and where are we likely to end up?
  • Developments in Arbitration law in Scotland following on from the 2010 Act
  • Developments in practice in contractual provisions for ADR
  • Advantages and pitfalls of expert determination
  • The effective use of professional complaints procedures – the SLCC, the FOS and beyond
  • The impact of remote procedures on ADR
  • The jurisdiction of the Court as final determinative forum
  • Tim is a solicitor advocate with over 30 years' experience in Dispute Resolution. He was a founder member of the Pursuers' Panel in 2002 and has served consistently on the Panel (other than a three year period 2014-17 when he served on the Defenders' Panel) since that point.

    He has handled well over 100 claims in this role across a wide range. His specialism is in commercial law but he has also handled many claims arising from residential conveyancing, divorce, wills, trusts and succession and employment issues. He is comfortable both litigating claims in the Court of Session and Sheriff Court and also seeking to settle claims by way of structured negotiation and mediation. He has extensive experience of assisting clients with SLCC Complaints as well as with claims.

    Tim also has experience handling claims against other professionals such as accountants, architects and surveyors and has a network of experts and specialists whom he can recommend to assist where appropriate.