The use of ADR continues to be embedded in dispute resolution in England and Wales, with the Master of the Rolls and the Ministry of Justice implementing reforms that place the use of ADR alongside litigation. This revised fourth edition integrates important new case law, including the landmark case of Churchill v Merthyr Tydfil Borough Council [2023], in which the Court of Appeal decided a court can order parties to engage in a non-court based dispute resolution process, provided the right to a trial remains. Key changes in court rules and pre-action protocols are also covered.
Designed with a concise, user-friendly format, the text provides an in-depth overview of the options and principles for ADR, placing them firmly within the context of litigation, and looking in detail at the relevant court rules and legal principles, such as privacy and legal professional privilege, as well as practical topics such as how to prepare for and what happens during mediation and recording and enforcing settlements.