ADR

The Family Procedure Rules (FPR) have changed. In this week’s NLJ, David Emmerson, partner at Anthony Gold, takes a detailed look at the new rulebook, particularly the powers granted by Pt 3 on case management and the use of non-court dispute resolution procedures.

Changes to the FPR are resulting in more referrals to mediation. David Emmerson OBE explores the new provisions & their impact on practitioners & clients

Retired costs judge John O’Hare discusses ADR in three contexts, in this week’s NLJ. He covers cases provisionally allocated to the small claims track, commercial litigation in the County Court, and claims opposed by liability insurers or by large self-insuring organisations such as local authorities or health authorities.

John O’Hare states some home truths about mediation

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

ADR has the potential to alleviate various pressures on the courts, but Nikki Edwards argues for a nuanced approach

Mandatory ADR is here to stay, write Georgina Squire & Camilla Pratt

Three Court of Appeal judges have urged a couple whose cruise in Arctic Canada was diverted due to icy conditions to ‘reach a pragmatic settlement’ rather than continue through the courts

From encouragement to compulsion? Mediation in English civil justice after Churchill by Bryan Clark & Zora Kizilyurek

The Churchill v Merthyr Borough Council case has clarified the position on judge-mandated mediation—or has it?