Private Law Theory

The English civil justice system is undergoing substantial procedural reforms. A major aspect of those reforms is the enhanced focus on the use of alternative dispute resolution procedures (ADR), in particular mediation. The issue of compulsory ADR, however, remains a controversial one. This paper critically considers the issue of compulsory ADR in light of recent civil justice reforms and decided cases. It argues that although the current reform efforts in enhancing ADR are to be welcomed, future reform efforts will be undermined given the unsatisfactory state of the jurisprudence … (more)

First posted 2022-04-22 12:15:51