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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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