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11 August 2023 / Thomas H Curran
Issue: 8037 / Categories: Features , Profession , ADR , International
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Compulsory ADR: no longer alternative?

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Mechanisms for mandatory alternative dispute resolution are already commonplace around the world: is it finally the turn of England & Wales? Thomas H Curran considers the changing landscape ahead
  • In 2004, the Court of Appeal ruled in Halsey v Milton Keynes General NHS Trust that compulsory alternative dispute resolution (ADR) unacceptably restricts rights of access to the courts. Halsey will finally be reconsidered by the courts later this year.
  • Courts throughout Europe and the Americas have already introduced measures to encourage and even require litigants to participate in various ADR processes.

On the heels of the Civil Justice Council’s (CJC) report on compulsory alternative dispute resolution (ADR), which ultimately concluded that compulsory ADR is both legal and to be encouraged under the laws of England and Wales, the Master of the Rolls Sir Geoffrey Vos made it clear that ‘ADR should no longer be viewed as an “alternative” but as an integral part of the dispute resolution process; that process should focus on “resolution” rather than “dispute”’.

Now,

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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