With the judiciary’s increasing willingness to be flexible on compulsory ADR, Paul Dorrans & Camilla Pratt look ahead to what may come next
- The scope of the order made by Master Davidson in which the parties were directed to ‘meaningfully’ engage in mediation, and were permitted to rely on evidence of the parties’ conduct in mediation in support of an application on costs.
- Existing trends and procedural mechanisms to facilitate alternative dispute resolution (ADR).
- The issue of compulsion in mediation.
- Issues to consider for the future.
Innovation and creativity are central to success in mediation. It is perhaps no surprise then to see the same qualities reflected in a novel order made before Christmas 2021 by Master Davidson, in which the parties were directed to ‘meaningfully’ engage in mediation and given the ability to police compliance with the order by reference to conduct in the mediation itself.
Although the order was made by consent, its text is significant and reflects a growing trend towards the enhanced use of innovative steps to encourage and support mediation.
Master Davidson’s order
The
