header-logo header-logo

Where now for ADR?

20 June 2019 / Bryan Clark
Issue: 7845 / Categories: Features , Profession , ADR , Mediation
printer mail-detail

Bryan Clark reflects on oversupply in the market & commends the Civil Justice Council proposals for change

  • A joined-up approach is likely to produce the most effective results for ensuring a successful ADR future.

It is some four decades since mediation and other emerging processes from the alternative dispute resolution (ADR) movement of 1960s US began to impact upon these shores. Significant strides have since been made. Training programmes are legion. Mediation has been embedded within civil court rules since the Woolf Reforms were enacted in the late 1990s. A glut of pilot, in-court mediation schemes has been introduced. Mediation Information and Assessment Meetings (MIAMs) are an established feature of family justice.

Yet mediation still, perhaps represents an opportunity lost. Supply outstrips demand. Misunderstanding of the process continues unabated. Barriers to development remain to be surmounted. Matters are not straightforward, however. Wider policy issues and controversies are at play. While excessive adversarialism can lead to economic waste and emotional distress for litigants, the imposition of ADR may jar with fundamental rights to access formal justice. Equally, given the perennial need

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

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

back-to-top-scroll