
The
various court guides contain sections on ADR. In particular the
Commercial Court Guide contains a separate section on ADR and
offers a form of working for an ADR Order (see below). The Chancery
Court Guide contains general guidance similar to the passages
set out below. In appropriate cases and with the agreement of
all parties the Commercial Court will provide a without-prejudice,
non-binding, early neutral evaluation (ENE) of a dispute or of
particular issues. The guide is often a useful source of information
whether or not your action is proceeding in the Commercial Court.
The following passages concerning ADR are of particular interest:
G1.5..Parties
who consider that ADR might be an appropriate means of resolving
the dispute or particular issues in the dispute may apply for
directions at any stage, including before service of the defence
and before the case management conference.
G1.6..At
the case management conference if it should appear to the judge
that the case before him or any of the issues arising in it are
particularly appropriate for an attempt at settlement by means
of ADR but that the parties have not previously attempted settlement
by such means, he may invite the parties to use ADR.
G1.7..The
Judge may, if he considers it appropriate, adjourn the case for
a specified period of time to encourage and enable the parties
to use ADR. He may for this purpose extend the time for compliance
by the parties or any of them with any requirement under the rules,
the Guide or any order of the Court.
G1.8..The
Judge may further consider in an appropriate case making an ADR
Order in the terms set out in Appendix 7(see Appendix 2 below).
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