Graham Huntley sees limits to mediation in many commercial disputes
So much of the attention given to the Jackson reforms has been on the issue of proportionality of costs. However, Lord Justice Jackson also advocated a resurgence of interest in alternative dispute resolution (ADR) and in particular mediation. His Review of Civil Litigation Costs in January 2010 reached a conclusion that “ADR (particularly mediation) has a vital role to play in reducing the costs of civil disputes by fomenting the early settlement of cases” and that “its potential benefits are not as widely known as they should be”.
Authoritative book
In support of the general proposition he recommended an authoritative book on ADR be published, setting out practical elements and guidance for all judges who hear civil cases. The resulting book was published in May and apparently copies have been given to almost all High Court judges. At the same time the Ministry of Justice has cited mediation as the “raison d’être” or “excuse” for withdrawing legal aid from whole swathes of litigation, the argument being that
