header-logo header-logo

01 May 2008 / Steven Friel
Issue: 7319 / Categories: Features , Mediation , Family , Constitutional law
printer mail-detail

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)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
back-to-top-scroll