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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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EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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