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20 June 2019 / Bryan Clark
Issue: 7845 / Categories: Features , Profession , ADR , Mediation
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Where now for ADR?

Bryan Clark reflects on oversupply in the market & commends the Civil Justice Council proposals for change

  • A joined-up approach is likely to produce the most effective results for ensuring a successful ADR future.

It is some four decades since mediation and other emerging processes from the alternative dispute resolution (ADR) movement of 1960s US began to impact upon these shores. Significant strides have since been made. Training programmes are legion. Mediation has been embedded within civil court rules since the Woolf Reforms were enacted in the late 1990s. A glut of pilot, in-court mediation schemes has been introduced. Mediation Information and Assessment Meetings (MIAMs) are an established feature of family justice.

Yet mediation still, perhaps represents an opportunity lost. Supply outstrips demand. Misunderstanding of the process continues unabated. Barriers to development remain to be surmounted. Matters are not straightforward, however. Wider policy issues and controversies are at play. While excessive adversarialism can lead to economic waste and emotional distress for litigants, the imposition of ADR may jar with fundamental rights

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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