Webinars by Practice Area
Compulsory ADR – the new rules coming in 2022
Recorded on: 18/01/2022
The senior judges are clear – they want to take the ‘alternative’ out of alternative dispute resolution. A Civil Justice Council report in July stated that compulsory ADR, so long as it is neither disproportionately onerous and does not foreclose access to the courts, is lawful. The Master of the Rolls, Sir Geoffrey Vos, who commissioned the opinion, said: “This report opens the door to a significant shift towards earlier resolution.”
This year will now see new rules empowering the court to order parties to engage in ADR. This webinar will look at the core principles of ADR and the current law, which is already punitive towards any party wrongly refusing to mediate, before looking ahead to the 2022 changes. Topics include:
- The various forms of ADR
- When might a party reasonably refuse to engage?
- The duty laid down by the Court of Appeal in PGF to respond to an offer to engage in ADR or else!
- Can I refuse to mediate until after disclosure?
- When can what happened in a mediation be put before the court?
- The shape of the new rules