CJC Report on Compulsory ADR

  • FOIL

ADR in this context is defined very broadly, as including any dispute resolution technique in which the parties are assisted in exploring a settlement by a third party, whether an agent external to the court process (e.g., a mediator) or a judge playing a non-adjudicative role. It therefore encompasses archetypal mediation, conducted usually over the course of a day by a neutral individual; short-form telephone mediations, typically time-limited, as under the Small Claims Mediation scheme; Evaluative appraisals, typically, but not necessarily, conducted by a judge, in the form of Early Neutral Evaluations (ENEs) and Financial Dispute Resolution hearings; ombudsmen performing a function which may blend elements of conciliation with an evaluation; and online processes.


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