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Jean-Yves Gilg

Editor, Solicitors Journal

Developments in alternative dispute resolution

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Developments in alternative dispute resolution

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CIArb discusses the launch of the All-Party Parliamentary Group on ADR and a new business arbitration scheme designed to provide companies with a quicker and cheaper method of resolving disputes

The Chartered Institute of Arbitrators (CIArb) is delighted to announce the launch of the All-Party Parliamentary Group (APPG) on alternative dispute resolution (ADR), which held its first meeting on 17 November in the Houses of Parliament.

Chaired by Justice Select Committee member John Howell OBE MP, the group will discuss the latest developments in ADR and promote its wider use. The group will act as a leading voice for ADR in the UK parliament, engaging with parliamentarians, the civil service, and other stakeholders to promote the wider use of ADR and alternatives to court in the public interest. Its launch comes at a time when the UK government is embarking on a radical civil justice reform programme.

CIArb will be providing the secretariat for the APPG on ADR, whose work programme will also be supported by an informal advisory group consisting of other professional bodies and organisations active in the ADR space.

The CIArb director general, Anthony Abrahams, said: 'We are delighted to support the work of the APPG on ADR. CIArb has been increasingly active in the public policy environment to promote alternatives to court and the work of our members is aimed at dispute avoidance and dispute management away from litigation. While the government has heeded the call put forward in our 2015 manifesto "Innovate" to make greater use of ADR, with developments such as the forthcoming small business commissioner, more needs to be done. We hope this cross-party group can become a knowledge hub within parliament and we look forward to working with John Howell MP and colleagues, as well as other sector bodies, to drive forward the ADR agenda.'

John Howell OBE MP also commented: 'I am very excited to be chairing the APPG on alternative dispute resolution. I believe ADR has the potential to really relieve the pressure currently experienced by the court system, and to provide a widely used alternative to going to court. I think the APPG will provide a valuable forum within which to discuss the issues surrounding ADR and the ways in which we can promote its use.'

New business arbitration scheme

The CIArb's dispute appointment service (DAS) held its third annual convention on 4 December in London. The highly anticipated event saw the launch of CIArb's new business arbitration scheme (BAS) and brought together ADR professionals, senior members of the institute, and members of the judiciary to discuss ADR's role in providing access to justice.

Developed to provide simple, timely, and cost-effective dispute resolution, the new BAS scheme caters to claims of low to medium monetary value (£5,000 to £100,000) before a sole arbitrator. It aims to provide parties with a final, legally binding decision on their dispute in less than 90 days from the appointment of the arbitrator. A fixed fee of £1,250 plus VAT is payable by each party on commencement of the arbitration, to cover DAS's administrative costs and the arbitrator's fees. The successful party can apply to reclaim their application fee and up to £1,000 towards their costs of the arbitration.

Commenting on the launch of BAS at this year's DAS convention, Keisha Williams, head of the DAS, said: 'In the current climate of rising court fees, businesses have been seeking alternative forms of dispute resolution for a quicker and cheaper method of resolving disputes. The new BAS scheme administered by DAS looks to provide for this market. The key benefits of BAS are certainty of the result with limited right of appeal, a decision within a fixed period (90 days), an award enforceable through the courts and fixed costs.'

CIArb is a global professional membership organisation representing the interests of alternative dispute resolution practitioners worldwide