I am a member of the Civil Justice Council’s Judicial Liaison Committee tasked with looking into and hopefully implementing the CJC’s Report on ADR published a year ago.
The Committee is intended to provide the judiciary, the ADR community and the professions with a dedicated forum for the discussion and the exchange of information about the role of ADR in the civil justice system, including tribunals.
The Committee will consider and advise the Judges’ Council, Lord Chief Justice, Senior President of Tribunals and Master of the Rolls as appropriate in relation to:
• The encouragement of the use of ADR: The Committee will consider the Civil Procedure Rules and the encouragement of ADR in case management at all levels of the civil justice system.
• The awareness of ADR as well as issues of public legal education. The Committee will consider particularly the awareness of ADR within the judiciary and the professions in the context of Codes of Conduct, professional education and training, continuing professional development and law faculties.
• The availability of ADR: the Committee will consider whether proportionate and efficient ADR processes are being, or can be, made available for cases of different levels of value and different subject matters, and to all litigants, including those who are unrepresented and those may not be able to afford to pay a mediator.
• The adaptation of ADR to new developments the civil justice system: the Committee will consider how ADR should be adapted so as to play a proper part in developing areas of civil justice. Current examples are the development of the online court and the new small claims personal injury jurisdiction.
• The interaction of ADR and public legal education with other policy, or practical developments in the field such as; the findings and the recommendations of the Interim and Final reports of the ADR Working Group of the Civil Justice Council.
The Committee will report at least annually on its work to the Judges’ Council and Judicial Executive Board.