Comments on: ADR http://www.civiljusticeblog.org/?p=104 Current issues in civil justice in the UK and around the World Fri, 09 Oct 2009 11:05:17 +0100 http://wordpress.org/?v=2.8.4 hourly 1 By: Richard Moorhead http://www.civiljusticeblog.org/?p=104&cpage=1#comment-5 Richard Moorhead Thu, 30 Jul 2009 10:00:37 +0000 http://civiljustice.wordpress.com/?p=104#comment-5 Hello Phillip thanks for posting and apologies for the delay (I've been away from the office for an extended period and am catching up). I would have thought the main research relied on was Hazel Genn's Twisting Arms report. My reading of Hazel's report is that compulsion into ADR is counter productive (in costs and other terms) and that pushing parties too hard towards ADR processes may also increase costs especially for lower value cases (which mainly settle anyway). I don't think Jackson's report is anti-ADR, indeed as you know I am sure, he does want suggestions on how to promote it to less sophisticated clients. Hello Phillip thanks for posting and apologies for the delay (I’ve been away from the office for an extended period and am catching up). I would have thought the main research relied on was Hazel Genn’s Twisting Arms report. My reading of Hazel’s report is that compulsion into ADR is counter productive (in costs and other terms) and that pushing parties too hard towards ADR processes may also increase costs especially for lower value cases (which mainly settle anyway).

I don’t think Jackson’s report is anti-ADR, indeed as you know I am sure, he does want suggestions on how to promote it to less sophisticated clients.

]]> By: Philip Hesketh http://www.civiljusticeblog.org/?p=104&cpage=1#comment-2 Philip Hesketh Fri, 24 Jul 2009 08:42:28 +0000 http://civiljustice.wordpress.com/?p=104#comment-2 I'm not sure what evidence Jackson LJ relied on to reach his view - it may be in the report. What about cases where one party unreasonably refuses mediation? Or the lawyer is ignorant of or biased against the mediation procedure? How is consumer education to be delivered? What support is the government going to give to mediation providers who are already attempting to engage with public in this process of education? I’m not sure what evidence Jackson LJ relied on to reach his view – it may be in the report. What about cases where one party unreasonably refuses mediation? Or the lawyer is ignorant of or biased against the mediation procedure?
How is consumer education to be delivered? What support is the government going to give to mediation providers who are already attempting to engage with public in this process of education?

]]>