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23 June 2017 / Nikki Nang Nilar
Issue: 7751 / Categories: Features , Profession , Arbitration , ADR
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Mind the ADR knowledge gap

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Promoting ADR mechanisms can enable a fair, just & efficient way of resolving disputes as Nikki Nang Nilar explains

The alternative dispute resolution (ADR) sector in the UK has experienced significant growth since the Woolf reforms of the late 1990s and the pre-action protocols and Civil Procedure Rules (CPR) of the civil justice system promoted its use. Despite this, ADR is not working to its full potential with many small businesses and individuals still unaware of its possibilities.

The Chartered Institute of Arbitrators (CIArb) played a key role in drawing up plans for a Small Business Commissioner who would promote ADR as an adjunct to the courts and enable swifter and more cost-effective access to justice. The government introduced this as part of the Enterprise Bill and a recruitment drive is now under way. However, there remains scant knowledge about these plans by businesses as well as by many ADR professionals as research conducted by the CIArb shows.

Education strategy

With the government having consulted on its green paper Building our Industrial

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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