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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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