Civil Procedure Rule Changes Promoting ADR within Civil Litigation

With effect from today (1 October 2024), a number of changes have been made to the Civil Procedure Rules which further promote the use of ADR within civil litigation:

• Part 1 – Overriding Objective – dealing with a case justly and at proportionate cost now includes, by rule 1.1(2)(f), “promoting or using alternative dispute resolution”.

• Part 3 – The Court’s Case Management Powers – the court now has the express power, by rule 3.1(2)(o), “order the parties to engage in alternative dispute resolution”.

• Part 28 – The Fast Track and The Intermediate Track – the matters to be dealt with by directions now include, by rule 28.7(1)(d), “whether to order or encourage the parties to engage in alternative dispute resolution”.

• Part 29 – The Multi Track – by rule 29.2(1A), “when giving directions, the court must consider whether to order or encourage the parties to engage in alternative dispute resolution”.

• Part 44 – General Rules About Costs – by rule 44.2(5)(e), the conduct of the parties which the court will consider when exercising its discretion on costs includes “whether a party failed to comply with an order for alternative dispute resolution, or unreasonably failed to engage in alternative dispute resolution”.

These changes are likely to have a positive impact on the number of cases that are resolved using ADR. 1COR’s Brighton Civil Team offer a range of ADR options, including Early Neutral Evaluations, Round Table / Joint Settlement Meetings and mediations conducted by our experienced Civil & Commercial Mediator, Stuart Wright.

1COR Brighton offer cost effective options for litigants including free use of our suite of rooms for mediations conducted in Chambers. Contact our Brighton clerking team for more information on 01273 625625 or brighton@1cor.com