header-logo header-logo

20 June 2019 / Bryan Clark
Issue: 7845 / Categories: Features , Profession , ADR , Mediation
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
back-to-top-scroll