23 February 2022
Compulsory ADR – more to follow?
Financial Services Litigation partner Paul Dorrans and commercial disputes senior associate Camilla Pratt explore trends in mediation and ADR in their article ‘Mediation: A compelling case’ which originally appeared in New Law Journal on 4 February 2022 and is reproduced with kind permission.
The recent stay of proceedings by Master Davidson in a claim under the Civil Liability (Contribution) Act 1978, and the associated order (9 December 2021) is a new development, effectively inviting the court to supervise the parties conduct of the mediation process. Reflecting on the implications of this innovation in process, Paul and Camilla recap some of the procedural mechanisms at the court’s disposal to encourage mediation and also explore the tensions and pitfalls that might arise if ADR becomes compulsory for commercial disputes.
Click on the link below to read Paul and Camilla's article.
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