Paula Kumar considers the creation of a ‘compulsory’ element to ADR

In the summer of 2021, the Civil Justice Council published a report which concluded it may be desirable for alternative dispute resolution (ADR) to be compulsory in civil litigation cases. While there have been no specific proposals for reform at this stage, ADR is encouraged by the courts, and in some claims is already compulsory. Should ADR be the norm in civil disputes, with litigation remaining an option later, and is this proportionate?

Precedent

It was previously considered in Halsey v Milton Keynes [2004] 1 WLR 3002 that forcing unwilling parties to mediate was contrary to the right to a fair trial, as it prevented access to the courts. However, more recently, Lomax v Lomax [2019] ...

Paula Kumar
Partner, Head of Dispute Resolution
Thomas Mansfield Solicitors

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