Peter Causton explores the future of alternative dispute resolution in insurance claims
What is the future for alternative dispute resolution (ADR) in insurance claims? Lord Justice Briggs is currently undertaking a Civil Courts Structure Review and will be submitting his interim report by the end of 2015. Consideration is being given to creating an online court for lower value disputes. It would be conducted online rather than on paper, designed primarily for use by litigants in person, investigatory rather than purely adversarial, with conciliation (including mediation and ENE (early neutral evaluation)) as a mainstream rather than only alternative form of resolution and face-to-face hearings for resolution only if documentary, telephone or video alternatives are unsuitable. Following the Autumn Statement, when £700m investment in IT was confirmed funded by court closures, this does look like it is a step closer to reality. Indeed, the Lord Chief Justice has issued a statement saying that the alternative was “precipitous decline.”
Also, on 17 November 2015 an All Parliamentary Group on ADR was formed, which will receive reports on ADR, hear evidence and make recommendations which may
