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01 May 2008 / Steven Friel
Issue: 7319 / Categories: Features , Mediation , Family , Constitutional law
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Another Way

ADR: should we be more alternative? Steven Friel investigates

Over the last 10 years, since the Woolf Reforms of the late 1990s, the courts have gone to great lengths to encourage alternatives to litigation for the resolution of civil and commercial disputes. Mediation, a form of non-binding structured negotiations involving a neutral third party mediator, is the principal method of alternative dispute resolution considered by litigants and encouraged by the courts.

However, such is the fervour with which the courts have come to embrace mediation that, in many cases, it is no longer considered an optional alternative. It has become, to a large extent, a mandatory procedure that litigants must have a good reason not to attempt, and must be approached by litigants in an objectively reasonable manner if they are not to be met with adverse costs orders later down the line.

 

Litigant Pitfalls

The recent case of The Earl of Malmesbury v Strutt and Parker [2008] EWHC 424 (QB), [2008] All ER (D) 257 (Mar)

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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