Introduction This month David Watkinson reflects on the case-law he has described previously in his blogs on this topic and notes that a reader could have drawn the conclusion that any proposal to mediate had better be complied with or costs consequences will follow. However, more recently, David finds the approach, particularly at High Court […]
Mandatory (alternative) dispute resolution? That old chestnut ….
Abigail Holt considers the potential of the Civil Justice Council’s report, ‘Compulsory ADR‘ which says ‘ADR can no longer be treated as external, separate, or indeed alternative to the court process’.
Making Mediation Mainstream
The way litigation is approached is set to shift. The significant proposals emanating from Lord Justices Briggs’ Civil Courts Structure Review and the outcome of Lord Justice Jackson’s Review of Fixed Recoverable Costs are creating waves. Attention may soon be placed on forms of dispute resolution other than the court process, in particular mediation. A recent example […]