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29 January 2010
Issue: 7402 / Categories: Legal News
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Jackson on ADR: not enough?

Dispute resolution group calls for “hard-edged approach” to mediation

Mediation Group CEDR (the Centre for Effective Dispute Resolution) is calling on Lord Justice Jackson to adopt a “more hard-edged approach” to alternative dispute resolution (ADR).

Jackson LJ gave a ringing endorsement of ADR in his final report on civil litigation costs earlier this month, but stopped short of advocating any rule changes.

Instead, he recommended a “serious campaign” to “ensure that litigation lawyers and judges are properly informed about the benefits which ADR can bring” and “to alert the public and small businesses to the benefits of ADR”.
He recommended that an authoritative handbook be prepared, explaining what ADR is and giving details of mediation providers. This should then become the standard handbook for use at all Judicial Studies Board seminars and CPD training sessions concerning mediation.

The “most realistic approach” to raising public awareness, he said, would be to supply “every litigant in every case” with a simple brochure on ADR.
Karl Mackie, chief executive of mediation group CEDR, said: “In the last twenty years, and particularly in the last ten since the Civil Procedure Rules, ADR and Mediation have developed considerably in the UK.

“CEDR welcome his support for additional campaigning and education to promote the use of ADR services, and the production of a guide that will help this to be achieved. This is timely in that the recommendations are in line with the recent EU Directive on mediation, which member states need to implement for cross-border disputes early in 2011. Additionally we would have liked Sir Rupert to have also taken the opportunity to propose a test of some more hard-edged approaches on ADR and costs and will press for inclusion of such matters during the debate over implementation of his recommendations.”

In his final report, Jackson LJ acknowledges that the benefits of ADR were “not fully appreciated” either by small businesses or the general public. While there was a “widespread belief” that mediation was not suitable for personal injury cases, he said, this belief was incorrect although mediators in those cases had to have specialist knowledge. Parties to a dispute should never be compelled to mediate, he said, although judges should encourage it and penalise in costs parties which have unreasonably refused to mediate.
 

Issue: 7402 / Categories: Legal News
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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