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22 November 2024 / John O'Hare
Issue: 8095 / Categories: Features , Profession , ADR , Mediation , Costs
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Just how popular is ADR?

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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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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