Law Weblog

ADR to *must* be considered by courts awarding costs

Thursday 13 April 2006 at 12:32 am | In News | Post Comment

When awarding costs, courts are now required by the latest Practice Direction to take into account the extent parties considered Alternative Dispute Resolution (ADR).

This is no surprise; the Woolf Reforms, the Overriding Objective, followed by the Civil Procedure Rules, earlier Pre-Action Protocols, the case of Dunnett v Railtrack [2002] and other judgments, have been moving headlong towards compulsory use of ADR.

The latest Protocols says that the court can require parties to produce evidence of their condideration of ADR. The Protocol states that, “The Courts take the view that litigation should be a last resort”.

It is expressly recognised that no party can or should be forced to mediate or enter into any form of ADR.

The Civil Procedure Rule Committee makes rules for the Civil Division of the Court of Appeal, the High Court and the County Courts, the chairman of the Committee is Head of Civil Justice, Anthony Peter Clarke MR)