The touchstone of Alternative Dispute Resolution (“ADR”) procedure is that parties enter into it voluntarily. However, there is an increasing body of case law that suggests ADR should be seriously considered before and/or in the course of litigation in order to avoid adverse cost consequences.
David Parratt QC and Rebecca Farrell consider the development of the case law paying particular regard to decisions that have emanated from the courts this year. In light of inevitable delays to litigation during the lockdown, they will also explore the duties on legal representatives to consider Alternative Dispute Resolution (“ADR”) at this time and how to respond to requests to engage in ADR. Ultimately, they will consider whether a party’s freedom to forgo ADR has a price.
Value for money and qualityThomson Reuters