Hew Dundas is an enthusiastic advocate, in conference speeches and elsewhere, of widening the range of ADR techniques in use in the UK.
The term ADR covers a wide range of dispute resolution techniques of which only mediation and, to a narrow and limited degree, expert determination are widely used in the UK. In the USA and elsewhere there are many other techniques some of which have outstanding track records of rapid and cost-effective dispute resolution but, perhaps disappointingly, these techniques have never registered substantially in the UK. Hew was particularly disappointed recently to meet a practising Litigation Solicitor who professed himself unaware of the existence of any ADR techniques other than mediation or expert determination. Further, while the CPR refers to ADR there is no record of this being interpreted by the judiciary as meaning anything other than mediation.
Examples of such ADR techniques include: Early Neutral Evaluation (ENE), Executive Negotiations, Executive Mini-Trials, Arb-Med, Med-Arb and others together with hybrids of these approaches to dispute resolution. Experience shows that these techniques do succeed and their wider use in the UK must be encouraged.
Hew R Dundas,
One St. Colme Street