 | ADR does not mean mediation! |
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| Posted By : Bill On 17/01/2018 07:30:00 | |
| And following on again from the previous blog, wouldn’t it be nice if the catastrophic personal injury market really started to concentrate on ADR. I frequent hear people say about ADR “oh, you mean mediation, we've tried that and it didn’t work”. I find that dispiriting for several reasons. First, ADR does not mean mediation; it covers a wide range of established systems, such as early neutral evaluation (now confirmed as one of the judge’s tools on directions hearings), evaluation at any stage of the case, determination, and so on. Secondly, ADR can be made to mean what the parties want it to. If they want to look at something more than mediation, for example, they can discuss what they think would work better. Thirdly, that stereotyped response that ADR means mediation shows that the person isn’t taking control of his or her own decision-making process. I've now had a few cases where both sides have explored the range of ADR options in an imaginative way eg to appoint a senior lawyer as evaluater or determiner, with or without a right of appeal or reversion to the court. | |
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