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Will Cole: ADR – The Churchill case and Scottish commercial litigation

Will Cole considers some recent developments in ADR north and south of the border from a Scottish perspective, including the Court of Appeal’s recent decision in Churchill v Merthyr Tydfil, and the implications for commercial litigation in Scotland. Since the turn of the century, the courts in

Courts have power to compel parties to engage with alternative dispute resolution

Courts have power to compel parties to engage with alternative dispute resolution
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Court of Appeal gives judges green light to order parties into mediation

Ekweremadu: Imperatives of Diplomatic Intervention – THISDAYLIVE

Ekweremadu: Imperatives of Diplomatic Intervention – THISDAYLIVE
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Don t do ADR on the cheap ​industry experts warn | News

Industry experts have welcomed the senior judiciary’s decision to give the green light to compulsory mediation – but warned against trying to do it on the cheap. The Civil Justice Council last week reported that mandatory ADR was compatible with Article 6 of the European Convention on Human Rights and therefore lawful. The report was commissioned by the master of the rolls, a keen advocate for ADR, and is likely to herald a major shift in dispute resolution. Lady Justice Asplin, chair of the judicial/ADR liaison committee, said the report provides a chance to initiate a ‘change of culture’ in civil justice. 

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