This is the second article to take up one theme offered by the responses to the Green Paper on alternative dispute resolution in civil and commercial law. The theme is a sector-by-sector analysis of where ADR, and mediation in particular, could be used more widely.
My view is that the level of awareness among clients of this alternative is very low and effective awareness amongst practitioners is limited. While they may be aware of all CPR requirements concerning ADR, there may be room to improve the practitioners perception of it and their ability to more clearly see where it could fit into the advice they give to a client and their management of a particular type of case.
I find that the attitude of many lawyers, even those who have looked into mediation, is that "it is no different to negotiation" and so they " do not need it". My response is that I would agree that cases might settle anyway - but that mediation may achieve it sooner, more economically and on terms that all
