chapter 3 pt 2 Flashcards
6 ways courts may use interim orders to support ADR?
order legal reps to attend court in support of ADR, on application for interim order court may give directions to support ADR, court can order a preliminary if rest of case may settle, give guidance warning cost penalities may follow if not followed, order for ADR in complex cases, give WS explain why ADR not appropriate
2 situations when it may be valid to refuse ADR?
need a key court decision first, if issues haven’t been clarified in SoC or WS not available
when not reasonable to refuse ADR?
refuse until up to and until all WS are completed if steps could have been taken to facilitate earlier use of ADR
what was decided since 1st April 2013 concerning full disclosure?
menu of options available for full disclosure
should parties agree disclosure if it’s possible?
yes
what happens if parties don’t agree disclosure?
appropriate orders will be made at first case management conference with cost budget in mind
what can court do in regards to disclosure and ADR?
order to disclose to support ADR
how can the courts and parties appropriate use of expert evidence?
consider ADR as well as litigation
when can a cost sanction be made?
when one party has made reasonable attempts to settle earlier and other has frustrated settlement attempts until close to trial
can the court consider ADR options when giving directions prepatory for trial?
yes
when can ADR be used in relation to appeals?
after a judgment, to avoid an appeal, following permission to appeal, or to assist with enforcement of an order made
what is it unreasonable to do before appeal?
avoid ADR because costs exceed the amount in issue
what will the judge do if permission to appeal is given?
consider whether the case is suitable for mediation
what does permission to appeal imply?
that the case has a reasonable prospect of success
how many of those granted permission to appeal succeed? what does this mean for mediation
about 40%, both sides have something to gain
