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22 Alternative Dispute Resolution

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 August 2022

Appeals — Confidentiality

This chapter examines the use of alternative dispute resolution (ADR) for resolving competition-related disputes. It first provides an overview of the benefits of mediation as a means of resolving competition disputes and how ADR is encouraged in competition litigation. It then considers the relevant ADR provisions in the Civil Procedure Rules 1998 (CPR) and in the Competition Appeal Tribunal (CAT) Rules, before discussing cross-border mediations and how disputes are mediated and regulated. It also offers practical guidance on when to mediate, choosing a mediator, the typical stages of a mediation process, the role of a mediation agreement, and the implications of mediation confidentiality. Finally, it explains the specific provisions relating to voluntary redress schemes, a form of ADR.

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