ADR

Question 1

Timing

Answer 1

Pre action protocol requires parties to consider

Precedent H requires parties to consider

DQ requires parties to consider and legal rep must confirm they have advised settlement options and benefitd

CMC - court will ask questions and give directions to encourage ADR

Question 2

Costs and ADR

Answer 2

Court will reward positive behaviour

Cost penalty possible if ADR refusal unreasonable
- burden of proof on party to prove refusal was reasonable

Question 3

ADR and CMC

Answer 3

Court can order a stay of proceedings and direct parties to consider ADR

Can require parties not engaging in ADR to serve a witness statement with reasons within 21 days

Question 4

Consequences for refusing to engage in Adr

Answer 4

Court will look at all circs and decide if party should be penalised

• nature of dispute - how suitable for ADR
• merits of case - less likely if party have a strong case
• other settlement opyions
• if ADR costs are disproportionately high
• reasonable prospect of success?