Alternative Dispute Resolution

In his keynote speech to the Butterworths’ Financial Institutions Litigation Conference (A Judicial Perspective on the Conduct of Claims in the Current Climate – 23rd October 2009) Lord Neuberger of Abbotsbury, Master of the Rolls commented :

"A lot has of course been said about the importance of ADR in recent times by Lord Phillips, Lord Clarke, Sir Alan Ward, Sir Henry Brooke, and Sir Gavin Lightman. Its importance was, of course, underlined by Lord Woolf in his two Access to Justice reports. I am conscious that, like me, they became Judges before mediation had really come on the scene in this country. However, in many ways, that emphasises the value of mediation. I believe that there will be many cases where it will be right for parties and their representatives to consider ADR in its various forms. They should do so during the pre-action stage of litigation. They should consider it after proceedings have been issued. And they should continue to consider it while the claim progresses to judgment. It is often said that it is never too late to settle. Equally, in some cases it may well never be too early to settle. A lot of course will depend on the nature of the claim. But in the field of commercial litigation I can see no good reason why parties should not routinely, in almost all cases, consider adjudication, arbitration or some form of mediation. I suspect that in many cases this is already second nature to many commercial lawyers... For those to whom it isn’t yet second nature, it ought to be."

As panel members of adroit Dispute Resolution Limited, which operates from our Norwich address, four members of chambers offer their services as general (not family) mediators. Their details, together with those of other independent mediators practising in the region, may also be found on the web site of the regional umbrella group, Mediators in East Anglia, details of which should be available on display in your local County Court Office. If they are not please ask the court staff for details.

As a chambers we can also provide skilled and experienced practitioners, some members of the Chartered Institute of Arbitrators or holders of a part-time judicial post, who would be suitable to conduct private arbitrations.

If you are interested in this service please consult Steve Collis at Norwich.

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