ADR

A provision in the Arbitration Act 1996 that allows the courts to rule on points of law during arbitration proceedings is under-used, Sir Rupert Jackson has suggested.

A Court of Appeal judge has rejected the argument that the growth of arbitration to resolve commercial disputes has retarded the development of the common law.

The Civil Justice Council has called for a ‘notice to mediate’ system used in Canada to be considered as the first step towards a more “automatic” system of alternative dispute resolution.

In reading the legal press over the last year or so, mediation for clinical negligence claims has featured regularly and there seems to be a momentum from both sides – perhaps more so from NHS Resolution – to promote it as part of the mainstream menu offered by litigators. Below is an in-depth look at these developments, viewpoints and some preconceptions on what is undoubtedly a topical subject.

Organised schemes are driving the 20% rise in mediations undertaken in England and Wales over the past year, according to the Centre for Effective Dispute Resolution. CEDR estimated that £11.5bn worth of commercial claims were mediated in the past year.

Apprentices at personal injury law firms can now access the Motor Accident Solicitors Society’s diploma as part of their training after the society struck a deal with Damar Training. Meanwhile, MASS has joined forces with APIL and FOIL to create a register for mediators in PI and clinical negligence claims.

The NHS has adopted what has been described as “a novel protocol” to deal with medical negligence cases involving traumatic complications following mesh implant surgery, in anticipation of further legal claims. The protocol concerns claims relating to pioneering operations carried out privately.

Parties should be required to engage in a form of alternative dispute resolution (ADR) before the issue of proceedings, NHS Resolution has argued. It also “strongly” advocated the disclosure of liability and quantum reports prior to issue.