Alternative resolution to litigation
Q. If forced to go to alternative dispute resolution rather than take my dispute to trial, what are the advantages of ADR over litigation?
The English Civil Procedure Rules actively encourage alternative dispute resolution. The courts themselves have imposed costs penalties on parties that have declined ADR without good reason. Some courts have also introduced compulsory ADR schemes. Yet, this does not mean that a broker can be forced to use ADR.
In Halsey versus Milton Keynes General NHS Trust (2004), the Court of Appeal held that a losing party had to show why the party that won their dispute, but previously rejected ADR, should
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