Alternative dispute resolution, by its nature, must be entered into willingly by both parties. Julian Copeman asks to what extent lawyers have a duty to encourage their clients to use this method of settlement at an early stage in proceedings
The Court of Appeal has stressed that there are legitimate circumstances when mediation is not appropriate, but if a party is found to have unreasonably refused to mediate they may be penalised on costs, warn John Bramhall and Melissa Jones
DJ Richard Chapman talks to Jean-Yves Gilg about why he believes the role of district judges must radically change and procedures be overhauled if county courts are to effectively tackle upcoming challenges
The government’s proposals to speed up and reduce the costs of county court litigation involve an overhaul of claims limits and a renewed push towards mediation. The small claims limit would rise from £5,000 to £10,000, and, with the exception of...
Radical proposals to raise the small claims threshold and introduce compulsory mediation appear to simplify the system and save parties money, but do they hold up to closer scrutiny? Ben Ashworth investigates