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11 August 2023 / Thomas H Curran
Issue: 8037 / Categories: Features , Profession , ADR , International
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Compulsory ADR: no longer alternative?

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Mechanisms for mandatory alternative dispute resolution are already commonplace around the world: is it finally the turn of England & Wales? Thomas H Curran considers the changing landscape ahead
  • In 2004, the Court of Appeal ruled in Halsey v Milton Keynes General NHS Trust that compulsory alternative dispute resolution (ADR) unacceptably restricts rights of access to the courts. Halsey will finally be reconsidered by the courts later this year.
  • Courts throughout Europe and the Americas have already introduced measures to encourage and even require litigants to participate in various ADR processes.

On the heels of the Civil Justice Council’s (CJC) report on compulsory alternative dispute resolution (ADR), which ultimately concluded that compulsory ADR is both legal and to be encouraged under the laws of England and Wales, the Master of the Rolls Sir Geoffrey Vos made it clear that ‘ADR should no longer be viewed as an “alternative” but as an integral part of the dispute resolution process; that process should focus on “resolution” rather than “dispute”’.

Now, just over two years since the publication of the CJC’s

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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