Commentary

5.13 Alternative dispute resolution (ADR)

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

5.13 Alternative dispute resolution (ADR)

| Commentary

5.13 Alternative dispute resolution (ADR)1

The Centre for Dispute Resolution (CEDR) and other bodies2 have been prominent in promoting methods of alternative dispute resolution such as mediation, informal opinions by a neutral third party, and structure negotiation. Such methods only work if the parties are all willing to use ADR in good faith, and the dispute between the parties is suitable for this method of resolution3. Since the introduction of the Civil Procedure Rules, the courts have encouraged the use of ADR. For example, some pre-trial protocols have provisions concerning the use of ADR by the

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