CEDR Solve

Case review

The Civil Procedure Rules 41st amendment (April 2006) requires litigators to consider Alternative Dispute Resolution (ADR) in all cases before proceedings are issued. Parties are warned that if this Protocol is not followed then the Court should consider this when awarding costs.

"The Courts take the view that litigation should be a last resort, and that claims should not be issued prematurely when a settlement is still being actively explored. Parties are warned that if the Protocol is not followed (including this paragraph) then the Court must have regard to such conduct when determining costs."
[41st Update of the Civil Procedure Rules, Practice Direction Protocols, Section II, Paragraph 4.7]

To comply with the Protocol means parties should consider whether some form of alternative dispute resolution procedure would be more suitable than litigation, and if so, endeavour to agree which form to adopt. Both the Claimant and Defendant may be required by the Court to provide evidence that alternative means of resolving their dispute were considered.

Contents of the Case Review Service
To assist professional implementation of the new amendment, and in general the Court's preference for ADR, CEDR Solve has launched a support service which will both offer advice and demonstrate a party's consideration of ADR. The optional elements of this service are:

• Single party advice: A senior CEDR Solve mediator will be available for up to one hour for a telephone conversation with you to advise on whether and how ADR might be suitable for your case. The fee for this consultancy service is £100 (excluding VAT).
• Two party advice: Alternatively calls can be made to each party to review and report on options available. The fee for this consultancy service is £150 (excluding VAT).
• Pre-mediation case meeting: CEDR Solve can provide a mediator for an initial two-hour meeting (single or joint) to discuss pre-issue how mediation could work in your case. The fee for this consultancy service is £350 (excluding VAT).
• For all the above elements CEDR Solve will provide the approaching party with documented proof of ADR consideration.

Please note the Case Review Service is available to all sides in a dispute and is available at all stages of dispute, pre and post-issue.

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