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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

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

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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
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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