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8/11/2019 M mm
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ADR: REVISIONTOPIC 1: ADR & THE COURTS
Objectives:
Under Historical Background
Definition of ADR
Court Recognition of ADR
Approach of Civil Procedure Rules (CPR to ADR
!udicial "ncourage#ent of ADR $anctions for Refusing ADR
HISTORICAL BACKGROUND TO ADR
199
%&&' for#er procedural rules (CCR Count) Court Rules and R$C Rules of $upre#e
Court for High Court Cases ackno*ledged ADR as potentiall) relevant to all civil actions
Positivel) encouraged ADR at pre+action stage and after litigation co##enced
$o#e Courts issued practice notes advocating use of ADR
1999 ! CPR "vi# $%%' Re'%()s*
CPR ca#e into force in April %&&&
Put ADR at centre of ,ustice s)ste# for civil cases
"thos: -itigation as last resort
Contained rules encouraging ADR
$ince CPR ca#e into force ADR has developed. esp/ #ediation. "0" and "D/
+,,9 ! -#c.s%/ Revie0 -/! !ackson. 1Revie* of Civil -itigation Costs1 (issued: Dece#2er 344&
Reco##endation 5/6 ADR has a vital role to pla)/
$hould 2e serious ca#paign to ensure that all litigation la*)ers properl) infor#eda2out ho* ADR *orks and its 2enefits
G%ve(/)e/t P%siti%/
7ain proposals accepted 2) 8overn#ent in 7arch 34%%
8overn#ent polic) sho*ing increasing support for ADR 2elief that9 Access to justice for
all parties depends on costs being proportionate and unnecessary cases being deterred.
7arch 34%3: Proposal that all $#all Clai#s 2e referred to #ediation (though not co#pulsor)
the) are resolved 2) #ediation
Package of refor#s likel) to 2e i#ple#ented in April 34%6:
-egal Aid. $entencing and Punish#ent of ffenders Act 34%3. Part 3 . and
A#end#ents to CPR
G(%0t %' ADR O2ti%/s
;irst $tatute: Ar2itration Act %5&