The Civil Justice Council (CJC) has recently published a report stating that compulsory ADR does not breach Article 6.
In tandem, in his annual speech at Mansion House to HM Judges, the Lord Chief Justice pushed for early ADR. He said: All must have access to the courts and tribunals to resolve disputes. Nonetheless, litigation should not be the first port of call when things go wrong. Early resolution, out of court is usually in the best interests of all concerned. Many of the disputes that do enter the court system are resolved long before a final hearing, others only when that final hearing is imminent. Our systems should facilitate early resolution. Work is going on in all jurisdictions to encourage that and discourage unnecessary or ineffective hearings. Dr Anton van Dellen is the Bar Council’s representative on the Civil Justice Council.