header-logo header-logo

Jackson on ADR: not enough?

29 January 2010
Issue: 7402 / Categories: Legal News
printer mail-detail

Dispute resolution group calls for “hard-edged approach” to mediation

Mediation Group CEDR (the Centre for Effective Dispute Resolution) is calling on Lord Justice Jackson to adopt a “more hard-edged approach” to alternative dispute resolution (ADR).

Jackson LJ gave a ringing endorsement of ADR in his final report on civil litigation costs earlier this month, but stopped short of advocating any rule changes.

Instead, he recommended a “serious campaign” to “ensure that litigation lawyers and judges are properly informed about the benefits which ADR can bring” and “to alert the public and small businesses to the benefits of ADR”.
He recommended that an authoritative handbook be prepared, explaining what ADR is and giving details of mediation providers. This should then become the standard handbook for use at all Judicial Studies Board seminars and CPD training sessions concerning mediation.

The “most realistic approach” to raising public awareness, he said, would be to supply “every litigant in every case” with a simple brochure on ADR.
Karl Mackie, chief executive of mediation group CEDR, said: “In the last twenty years, and particularly in the last ten since the Civil Procedure Rules, ADR and Mediation have developed considerably in the UK.

“CEDR welcome his support for additional campaigning and education to promote the use of ADR services, and the production of a guide that will help this to be achieved. This is timely in that the recommendations are in line with the recent EU Directive on mediation, which member states need to implement for cross-border disputes early in 2011. Additionally we would have liked Sir Rupert to have also taken the opportunity to propose a test of some more hard-edged approaches on ADR and costs and will press for inclusion of such matters during the debate over implementation of his recommendations.”

In his final report, Jackson LJ acknowledges that the benefits of ADR were “not fully appreciated” either by small businesses or the general public. While there was a “widespread belief” that mediation was not suitable for personal injury cases, he said, this belief was incorrect although mediators in those cases had to have specialist knowledge. Parties to a dispute should never be compelled to mediate, he said, although judges should encourage it and penalise in costs parties which have unreasonably refused to mediate.
 

Issue: 7402 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll