Further, Lady Carr touched upon the role of the judiciary and the legal profession in dispute resolution, noting the growing trend of cross-fertilisation where retired judges often take on roles as mediators and arbitrators.
She referred to the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council, which confirmed the power of the courts to mandate alternative dispute resolution (ADR), and predicted wide-ranging consequences for the legal landscape.
On one hand, it is likely to increase the focus that parties already have on the use of ADR and is also likely further promote the development of multi-tier dispute resolution clauses, she said.
On the other hand, she said,"Judges are increasingly likely to be called upon – further to the requirement to manage cases to further the CPR’s overriding objective – to consider whether to mandate the use of ADR.
And not just to consider the question of whether to do so, but also the broader question of which form of dispute resolution to mandate."
Further, Lady Carr touched upon the role of the judiciary and the legal profession in dispute resolution, noting the growing trend of cross-fertilisation where retired judges often take on roles as mediators and arbitrators.
She referred to the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council, which confirmed the power of the courts to mandate alternative dispute resolution (ADR), and predicted wide-ranging consequences for the legal landscape.
On one hand, it is likely to increase the focus that parties already have on the use of ADR and is also likely further promote the development of multi-tier dispute resolution clauses, she said.
On the other hand, she said,
"Judges are increasingly likely to be called upon – further to the requirement to manage cases to further the CPR’s overriding objective – to consider whether to mandate the use of ADR. And not just to consider the question of whether to do so, but also the broader question of which form of dispute resolution to mandate."
