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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).




 
ADR and the Court
 
Arbitration/Adjudication

 

CPR Guide

 

Dispute Resolution Funding

 

Mediation

 

Early Neutral Evaluation

 

Privilege

 

 

 

The Duty to Mediate:
 

 

ADR is not mandatory
 

 

The effect of CPR 1.3
 

 

Government Pledge
 

 

Case management powers
 

 

Pre-action protocols:
 

 

Protocols Practice Direction
 

 

Failure to comply
 

 

References to ADR in the protocols
 

 

Professional Negligence Protocol
 

 

Court Guides
 

 

ADR Orders:
 

 

Commercial Court Order
 

 

Effect of failing to comply with an ADR Order
 

 

Costs Sanctions and Burden of Proof
 

 

Without Prejudice Correspondence
 

 

Factors indicating refusal was unreasonable
 

 

Nature of the Dispute
 

 

Merits of the Case
 

 

Use of other settlement methods
 

 

Costs of Mediating
 

 

Effect of Delay
 

 

Whether the mediation had a reasonable prospect of success
 

 

Relevant Court Decisions:
   
Case Law
   
Cases penalising claimants for failing to negotiate
   
Cases penalising parties for failing to mediate
   
Cases where a refusal to mediate was reasonable
   

Appendix 1