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
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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.