Compulsory Alternative Dispute Resolution?
Sam Johnson of Charles Russell Speechlys looks at where the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council held that courts can lawfully order parties to engage in alternative dispute resolution (ADR), as long as it does not infringe on their right to a fair trial and is a proportionate means of achieving a legitimate aim. While the decision did not mandate ADR in this case, it marks a significant shift by affirming judicial discretion to require ADR, potentially leading to more efficient and cost-effective dispute resolution.