The Civil Justice Council has reported that mandatory ADR is compatible with Article 6 of the European Convention on Human Rights and therefore lawful. The report was commissioned by the master of the rolls, a keen advocate for ADR, and is hopefully going to lead to a major change to dispute resolution.
Whilst mediation has long since been mandatory in family proceedings there has been a resistance to it’s introduction in civil and commercial claims, until now.
With our courts overwhelmed and cases taking years to come to a final hearing and conclusion, this is a welcome decision.
Andrew Marsden of our Batley Office has been an accredited civil and commercial mediator since 2012.
Andrew knows first hand just how beneficial ADR can be. “Put simply, it works” said Andrew. “The times I have seen parties who are so entrenched in their argument that they can barely agree what day it is, let alone agree a resolution to the dispute. And yet after a few (or more) hours of ADR everybody walks away with the problem solved. Dispute over”.
“There are many solicitors firms who understand and embrace the benefits of ADR for their clients, but sadly more, who for whatever reason do not. This has, as the Council has reported, got to change” “Not every case will resolve at ADR” Andrew added, “But with a success rate of 80% plus of cases which come to ADR settling, it is clear that most will”.
To arrange or discuss a mediation contact Andrew on 01924 473065, or email [email protected]