- Home
- News & Insights
- Insights
- Will litigants be compelled to participate in alternative dispute resolution?
- Auf dieser Seite
2. August 2021
Disputes Quick Read – 60 von 102 Insights
Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
- Quick read
The Civil Justice Council recently published its report on the issue of compulsory alternative dispute resolution (ADR) in civil proceedings, in which it concludes that mandatory ADR is to be "encouraged".
The report considers two key questions of legality and desirability in the context of Halsey v Milton Keys [2004] 1 WLR 3002 – a Court of Appeal decision which rejected the idea of mandatory ADR – and ultimately recommends a change to the dispute resolution status quo.
Can the parties lawfully be compelled to participate in an ADR process?
In the Halsey case, the answer was "no", on the basis that this would "impose an unacceptable obstruction on their right of access to the court".
The Civil Justice Council's report disagrees. It gives examples of areas where compulsory participation in ADR is already required by the civil procedure rules (eg some family and personal injury proceedings). It also finds that introducing compulsory ADR is compatible with Article 6 of the ECHR if there are appropriate safeguards.
Is it desirable to have forms of compulsory ADR?
In the Halsey case, the court again said "no", on the basis that it was not for the court to compel ADR, only to encourage it. Nevertheless, where there was reluctance to participate, the effectiveness of any process was questionable; achieving nothing except adding costs and delay to the process.
The report again disagrees, concluding that compulsory ADR could be desirable and effective for the right types of claim, provided the parties always have access to the adjudicative process. It is also supportive of judge-led ADR.
What's next?
The report is a starting point and more consultation is inevitable. It echoes views already expressed by Sir Geoffrey Vos that ADR should not considered an "alternative" but an integral part of the dispute resolution process.
Questions remain, however, including:
- What forms of ADR will be appropriate for what types of claims?
- Will a form of compulsory ADR place a disproportionate burden on time and resources of litigants?
- What measures will be put in place to deal with reluctant participants?
- Will it reduce or increase overall costs?
What is certain is that there is support for a change in how other forms of dispute resolution are viewed – and having "your day in court" may soon become a novelty.
Find out more
To discuss the issues raised in this article in more detail, please reach out to a member of our Disputes & Investigations team.
In dieser Serie
Collective actions impacting big tech - Ireland set to test the boundaries in ICCL v Microsoft
11. June 2025
von Ryan Ferry, Edwina Kelly
Wirral Council v Indivior plc: Court of Appeal upholds strike out of opt-in representative action securities claim
30. January 2025
What are the litigation trends in 2025?
22. January 2025
von mehreren Autoren
Changes to the privilege rules between companies and shareholders
6. December 2024
Victory for energy companies/defeat for the environment?
14. November 2024
von Tim Strong, Kate Hamblin
Failure to prevent fraud offence to come into force in September 2025
14. November 2024
von Emma Allen
Non-Disclosure Agreements - updated guidance from the SRA
8. November 2024
von Edward Spencer
Essex Cricket Club charged by Cricket Regulator
30. October 2024
von mehreren Autoren
UK introduces mandatory reimbursement rules to combat APP fraud
15. October 2024
von Emma Allen, Andrew Spencer
Important environmental ruling?
16. July 2024
von Tim Strong, Kate Hamblin
Notice of Claim: What constitutes 'reasonable detail'?
5. July 2024
von Stuart Broom, Tom Charnley
New SFO Director announces bold plans to tackle fraud
21. March 2024
von Emma Allen, Amy Cheng
What are the litigation trends for 2024?
1. February 2024
von Katie Chandler, Emma Allen
ClientEarth v FCA: Challenging Regulator Decisions
12. February 2024
von Tim Strong, Nicole Baldev
First of its kind judicial guidance on the use of AI in the courts
14. December 2023
Witness familiarisation - does it affect the court's assessment of witness credibility?
13. December 2023
The use of AI in Trial Witness Statements post-PD 57AC
23. October 2023
von mehreren Autoren
CAT to hear the first application for a collective settlement approval order
17. October 2023
Pre-Action Protocols – what is different?
12. September 2023
von Tom Charnley
Failure to prevent fraud – a new offence?
14. August 2023
von mehreren Autoren
Supreme Court rules that APP fraud victims cannot rely on Quincecare Duty
4. August 2023
von mehreren Autoren
The Law Commission's Consultation Process on the Arbitration Act 1996 – taking stock
21. July 2023
What does the latest decision of the CAT in the Mastercard/Visa proceedings mean for class actions?
10. July 2023
Disputes Quick Read: ClientEarth refused permission to pursue directors of Shell
1. June 2023
von mehreren Autoren
Disputes Quick Read – developments in the fixed costs regime
3. May 2023
von James Bryden
Disputes Quick Read: Service by email – are the rules any clearer?
20. April 2023
von James Bryden
Disputes Quick Read: Breaking the north/south divide?
5. April 2023
von Tom Charnley
Disputes Quick Read - What do practitioners think about making alternative dispute resolution (ADR) compulsory?
8. March 2023
Disputes Quick Read: What are the litigation trends for 2023?
2. March 2023
von Katie Chandler, Emma Allen
Disputes Quick Read: further guidance on witness statement preparation rules
14. February 2023
Disputes Quick Read: A cautionary tale – settlement agreement (un)wittingly releases all claims for fraud
13. February 2023
Disputes Quick Read: Why the UK should join the Hague Judgments Convention 2019
8. February 2023
von Jessie Prynne
Disputes Quick Read: extensive information orders granted against crypto exchanges following hack
19. January 2023
von Georgina Jones
Disputes Quick Read: A new approach to giving evidence? WhatsApp with that?
3. October 2022
von Gemma Broughall
Disputes Quick Read: Ethereum Merge - what legal issues arise?
22. September 2022
von Ben Jones, Emma Allen
Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
9. August 2022
von Nick Maday
Disputes Quick Read: Disclosure - What information can be redacted?
25. July 2022
von Edward Spencer
Disputes Quick Read: what claims exist when a smart contract is breached?
6. July 2022
von Emma Allen
Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
Welcome news for those pursuing fraud claims in the English Courts
28. July 2022
Disputes Quick Read: Disclosure Pilot Scheme – here to stay
21. July 2022
von Edward Spencer
Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
27. July 2022
von Stuart Broom
Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
29. July 2022
von Jess Thomas, Lucy Waddicor
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
17. June 2022
von Stephanie High
Disputes Quick Read: an important reminder of the duty to disclose electronic documents in native format
13. June 2022
von Edward Spencer
Disputes Quick Read: ENRC prevails in claim against former solicitor
26. May 2022
Disputes Quick Read: Climate change litigation update – McGaughey v Universities Superannuation Scheme Limited
31. May 2022
von mehreren Autoren
Don't lose your keys: Bitcoin developers do not have a duty to assist owners in recovering lost cryptocurrency
4. April 2022
Disputes Quick Read: The new witness statement preparation rules – a year on
5. April 2022
von Stephanie High
Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
31. March 2022
von mehreren Autoren
Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
21. September 2021
Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
13. September 2021
von Edward Spencer
Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
6. September 2021
von Stephanie High
Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
2. August 2021
Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
21. July 2021
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
15. July 2021
von Jess Thomas
Disputes Quick Read: Will the courts change forever post-COVID?
26. May 2021
von David de Ferrars
Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
5. May 2021
von Stephen O'Grady
Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21. April 2021
von Stephanie High
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
31. March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26. February 2021
von Tim Strong
Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24. February 2021
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
20. January 2021
von Stephanie High
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12. January 2021
von Tim Strong
Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
23. November 2020
Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
16. October 2020
Disputes Quick Read: Care required when drafting SPA claim notices
23. September 2020
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
7. October 2020
von Nick Storrs
Disputes Quick Read: The importance of proper service
26. May 2020
von Edward Spencer
Disputes Quick Read: government guidance for contracts impacted by COVID-19
12. May 2020
Disputes quick read: Mandatory changes to Statements of Truth
18. May 2020
von Katie Chandler
Disputes Quick Read: COVID-19 and supply chain disruption – key issues
9. April 2020
von mehreren Autoren
Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
15. April 2020
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
27. April 2020
von mehreren Autoren
Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
21. April 2020
von Stephanie High
Disputes Quick Read: A different approach to witness evidence
11. March 2020
von James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
17. March 2020
von Stuart Broom
Disputes quick read: climate change activism by litigation
26. February 2020
von Tim Strong, Andrew Howell
Disputes Quick Read: Commercial Court's arbitral power shift
21. February 2020
von Andrew Howell
Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
2. June 2020
von Georgina Jones
Disputes Quick Read: Will the civil justice system change forever post COVID-19?
16. June 2020
von Georgina Jones
Disputes Quick Read: Privilege waiver warning
2. July 2020
von Tim Strong, Georgina Jones
Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
9. July 2020
Disputes Quick Read: The contra proferentem rule reconsidered?
21. July 2020
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
3. December 2021
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
24. November 2021
von Stuart Broom
Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8. October 2021
von Katie Chandler
Disputes Quick Read: Climate change litigation – what's the latest?
10. January 2022
von Tim Strong, Jess Thomas
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20. January 2022
Disputes Quick Read: Climate change litigation update
8. March 2022
von Jess Thomas, Lucy Waddicor
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
22. March 2022
Disputes Quick Read: Dealing in crypto? Be careful what you call it
7. April 2022
von Emma Allen, Georgina Jones
Related Insights
APP fraud: testing the limits of recovery
von mehreren Autoren
Bribery enforcement in the Trump era: international companies must proceed with caution
von mehreren Autoren
An Independent Regulator for English football: a beautiful game changer?
von mehreren Autoren