Mediation and ADR as part of the litigation process (England and Wales) | Practical Law

Mediation and ADR as part of the litigation process (England and Wales) | Practical Law

This note examines the court rules and the powers of the court in relation to mediation and other forms of non-court based dispute resolution in England and Wales. It considers the court's power to order parties to mediate or engage in some other form of non-court based dispute resolution following the decision in Churchill v Merthyr Tydfil [2023] EWCA Civ 1416, as well as costs sanctions for refusing to mediate or engage in ADR and what may constitute reasonable or unreasonable refusals applying the Halsey principles. It contains guidance on solicitors' obligations to advise their clients in respect of ADR, as well as the requirements for mediation and ADR in the different court guides and under court schemes.

Mediation and ADR as part of the litigation process (England and Wales)

Practical Law UK Practice Note 4-203-8725 (Approx. 38 pages)

Mediation and ADR as part of the litigation process (England and Wales)

MaintainedEngland, Wales
This note examines the court rules and the powers of the court in relation to mediation and other forms of non-court based dispute resolution in England and Wales. It considers the court's power to order parties to mediate or engage in some other form of non-court based dispute resolution following the decision in Churchill v Merthyr Tydfil [2023] EWCA Civ 1416, as well as costs sanctions for refusing to mediate or engage in ADR and what may constitute reasonable or unreasonable refusals applying the Halsey principles. It contains guidance on solicitors' obligations to advise their clients in respect of ADR, as well as the requirements for mediation and ADR in the different court guides and under court schemes.