header-logo header-logo

22 November 2024 / John O'Hare
Issue: 8095 / Categories: Features , Profession , ADR , Mediation , Costs
printer mail-detail

Just how popular is ADR?

197678
John O’Hare states some home truths about mediation
  • A discussion of ADR in three contexts: some cases provisionally allocated to the small claims track; commercial litigation in the County Court; and claims opposed by liability insurers or by large self-insuring organisations such as local authorities or health authorities.

The label ADR is 30 years old this month. It was first used in connection with cases in the Commercial Court (Practice Statement (Commercial Cases: Alternative Dispute Resolution) [1994] 1 WLR 14, which refers to ‘mediation and conciliation’). The label and its ideology quickly spread through all parts of the High Court. At that time, the court confined itself to encouraging and facilitating it. ADR procedures had to be voluntarily entered into by the parties with outcomes, if the parties so wished, which were non-binding.

Except for early neutral evaluation (ENE), that remained the position until last November, when the Court of Appeal ruled that a court does have the power to make an order compelling parties to engage

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll