Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/37576
Title: Evolution, revolution & culture shift: A critical analysis of compulsory ADR in England and Canada
Authors: Ahmed, Masood
Billingsley, Barbara
First Published: 1-Jun-2016
Publisher: SAGE Publications
Citation: Common Law World Review, 2016, 45(2-3), pp. 186–213.
Abstract: Civil justice reforms in both England and Canada have consistently advocated the need for a litigation “culture shift” away from the traditional adversarial trial process in resolving disputes to settlement through ADR. In seeking to implement this cultural shift, both countries have adopted distinctly diverging approaches to the issue of mandatory ADR. This paper critically analyses the current rules of civil process and associated judicial attitudes toward compulsory ADR in England and in Canada. It argues that the Canadian approach of legislating compulsory ADR provides greater consistency and predictability when it comes to ensuring that litigants undertake ADR efforts. In contrast, the English approach, which formally rejects but impliedly accepts and implements mandatory ADR, creates uncertainty for those who engage with the civil justice process. Drawing on the Canadian practice, this paper proposes ways in which the English court rules may be reformed to better integrate mandatory ADR.
DOI Link: 10.1177/1473779516657745
ISSN: 1473-7795
eISSN: 1740-5556
Links: http://clw.sagepub.com/content/45/2-3/186
http://hdl.handle.net/2381/37576
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © the authors, 2016. This article is distributed under the terms of the Creative Commons Attribution-Non Commercial-No Derivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/ ), which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.
Appears in Collections:Published Articles, School of Law

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