This week a working group of the Civil Justice Council (CJC) published an interim report supporting the case for extending compulsory Alternative Dispute Resolution (ADR) in all cases.
Mediation to become ‘culturally normal’
Reference to Mediation is already compulsory in Family and Employment Law cases and there has been increasing debate about extending its use to civil and commercial areas of law. Justice ministers are keen to find more ways to settle disputes out of court. The expert group of the CJC concluded that current measures to promote mediation are not working and should be extended further to include an element of compulsion.
An ‘integral’ part of the justice system
The working group was set up following a court users survey in 2015. The survey found relatively low levels of awareness of ADR. This latest report calls on courts themselves to do more to promote and encourage mediation at the early stages. Solicitors also have an important role to play in encouraging mediation as an effective way of avoiding costly and time-consuming court cases, where there can only be one winner.
Consultation opens
The CJC has now opened a consultation, requesting written submissions on the findings and recommendations of the report. These submissions will be collated and discussed, prior to a final report being prepared and submitted to the Government. Chairman of the CJC working Group, Bill Wood QC, said: “Our aim is to stimulate a debate between all stake-holders as to the nature of the problem and the possible practical solutions, including the thorny issue of mandatory mediation.” You can submit your comments by emailing civiljusticecouncil@judiciary.gsi.gov.uk. The full report can be viewed here.
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