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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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