The Dangers Of Refusing ADR

The courts have long been moving to encourage parties to disputes to seek to resolve those disputes via alternative methods. The court's overriding objective is for 'the court to deal with cases justly and at propor-tionate cost' (according to Pt 1 of the Civil Procedure Rules, or CPR). Parties to a dispute are under a duty to help the court to further the overriding objective, and this is commonly interpreted by the courts to mean that parties to litigation should seek to find a resolution through alternative dispute resolution wherever possible.