Tony Allen ends his series on the future of dispute resolution—depicting a post Halsey world where judges can order (A)DR prospectively & costs sanctions take a back seat
- How relevant in practice even the costs sanction aspect of Halsey will remain if courts are acknowledged to have the power to order (A)DR.
- What might happen if some of the more famous cases of recent years came before a judge to consider ordering (A)DR?
What will normal litigation conduct in relation to (A)DR, settlement generally and costs sanctions look like in future, assuming that:
- the CJC report, Compulsory ADR, is fully accepted over whether courts can order (A)DR and that Halsey is in this respect sidelined or ignored;
- the phrase ‘It is expressly recognised that no party can or should be forced to mediate or enter into any form of ADR;’ is deleted from every Pre-action Protocol and its effect reversed;
- CPR 3.1(2)(m) is amended to extend court case management powers by allowing them to: ‘(m) take any other step or make any
