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The CJC have published their interim report upon the role of ADR in civil justice. Their recommendations include that the courts should promote the use of ADR more actively at the allocation and directions stage. Furthermore, they recommend that there should be a presumption at that stage that parties should bring forward proposals for engaging in some form of ADR.

The Chairman of the CJC working group, Bill Wood QC, has expressed concern that ADR has failed to achieve an integral position in the civil justice system. The CJC have sought to understand the reasons for this and are looking to stimulate debate, particularly around the “thorny” issue of mandatory mediation.

Responses to the consultation are invited by Friday 15 December 2017 to civiljusticecouncil@judiciary.gsi.gov.uk.