Although there is no express duty to mediate or use some other method of ADR, the courts have found ways of reinforcing their encouragement. For example, in Hayes v Stewart the Court of Appeal ordered a re-trial on quantum but stated that it should not be listed until the parties had tried to resolve the matter through ADR. This in effect employs the case management power to impose conditions when the court makes an order under CPR 3.1(2) (3).