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As we approach 2022, what are our predictions for the litigation and mediation world? Join us on 11 January for a discussion and debate about the proposals and feedback from our ADR project part funded by the EU which ended in October.

The Ministry of Justice and BEIS departments are considering proposals to make mediation compulsory and to change the ADR regulations.

It seems likely that with the cost of living increasing and inflation rearing it’s ugly head, people are likely to be more cost conscious and to expect their advisors to resolve cases earlier and at less cost.

Mediation and ADR are likely to become part of the process going forward in 2022 but is likely to be limited to certain areas which wound benefit most such as family law, inheritance and neighbour disputes. For consumers it is likely that more businesses will have to provide ADR such as in the building industry, vehicle purchase and repair. It is unlikely in our view that mediation or ADR will be made compulsory in all areas. Some of the ADR will take place in Court with early neutral evaluation and dispute resolution hearings.

Private mediation will increase and more mediation will take place remotely as the pandemic has proven it to be effective.

With more compulsory mediation or ADR there is also likely to be more regulation. More people will train as mediators. The civil mediation council will become more prominent and influential as the voice of mediation.

Anyone wanting to jump on the wave and try mediation or train as a mediator please get in touch.