How compelling is ADR? The UK Court of Appeal’s latest flirtation with mediation.
Charles Gordon of IPOS Mediation looks at how the UK Court of Appeal in Churchill v Merthyr Tydfil clarified that courts can, in appropriate circumstances, compel parties to engage in alternative dispute resolution (ADR) or stay proceedings, despite earlier judicial commentary suggesting otherwise. While emphasising that such orders must not infringe on the right to a fair trial, the ruling signals a growing judicial endorsement of ADR as a legitimate and potentially compulsory step in dispute resolution.