The onus on parties to use alternative dispute
resolution procedures is well established in English proceedings.
Powers provided to the courts to impose costs sanctions for
unreasonable litigation conduct, or failure to comply with
protocols and court directions or orders (under Pt 44 of the CPR),
coupled with the institutionalised use of 'ADR Orders'
result in intense pressure on parties to seriously engage with
alternative dispute resolution procedures (including mediation).
The of the court's powers to discipline parties that refuse to
comply with orders through award of costs, as recommended by the
Jackson Report, is likely to only continue to encourage this
trend.
Against this backdrop, it is not surprising that bodies offering
alternative dispute resolution models are consistently looking for
ways in which to refine their forms of the mediation model offered
to attract a greater share of this growing market. The Centre for
Effective Dispute Resolution (CEDR) is
