header-logo header-logo

06 August 2021 / David Burrows
Issue: 7944 / Categories: Opinion , ADR , Mediation , Family
printer mail-detail

Compulsory ADR: a mirage...?

54482
David Burrows laments the opportunities missed in the Civil Justice Council’s recent report on compulsory ADR

The June 2021 report of the Civil Justice Council (CJC) on Compulsory ADR, chaired by Lady Justice Asplin, was requested by the Council. It has the feel of a document that was prepared by a group—four members: two judges, including Asplin LJ, an academic and a QC (ie no one on the frontline engaged daily with clients)—who wanted to find reasons why alternative dispute resolution (ADR) should be compulsory. There is little sense of any real debate. There is no family lawyer, despite this being where most of the practical mediation and in-court dispute resolution has been going on for the last 45 years or so.

The report looks at case law comment on compulsion to mediation, when comment eventually came (Halsey v Milton Keynes General NHS Trust; Steel v Joy [2004] EWCA Civ 576, [2004] 4 All ER 920). The earlier family law jurisprudence is largely ignored (see eg Sir Thomas Bingham

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll