ADR and the courts — overviewIntroduction

The courts take a pro-active approach to ADR, continually encouraging parties throughout proceedings to attempt to resolve their dispute through ADR.

Court schemes

Courts run schemes in order to make ADR (principally mediation) accessible to litigating parties. The provisions of the different court schemes vary. There are schemes in place for the county court and Court of Appeal whilst the Commercial Court and the TCC encourage the use of ADR. The Courts Service has also set up the National Mediation Helpline.

ADR and the CPR

The CPR sets out measures aimed at encouraging parties to use ADR. The CPR requires ADR to be considered at various stages of any court proceedings; including pre-action. When, and to what extent, ADR should be considered varies depending on the type of pre-action protocol, the progress of the proceedings and the court in which the claim is being brought.

Costs sanctions for refusal to mediate

Courts cannot force parties to settle their dispute but will impose costs sanctions on those who unreasonably refuse to consider ADR. Provisions are set out in the CPR and the Court of Appeal has set out factors which would be relevant in determining whether to impose sanctions.