Ciarb welcomes the consultation by the Civil Procedure Rule Committee (CPRC) - "Alternative Dispute Resolution in Light of Churchill v Merthyr Tydfil: Proposed rule changes". 

The CPRC has put forward amendments which bring the Rules into line with the judgment in this case which stated that the court could ‘lawfully stay proceedings for, or order, the parties to engage in a non-court-based dispute resolution process provided that the order made does not impair the very essence of the claimant’s right to proceed to a judicial hearing, and is proportionate to achieving the legitimate aim of settling the dispute fairly, quickly and at reasonable cost.’ (Paragraph 74, ii). 

The changes relate to 1.1, 1.4, 3.1, and Parts 28, 29 and 44 of the Civil Procedure Rules of England and Wales. Broadly, these cover: 

• The responsibility of parties and their legal advisors to use mediation and alternative dispute resolution (ADR) processes in line with the overriding objective of enabling the courts to deal with cases justly and at proportionate cost. 
• The power and responsibility of the judiciary to direct parties and to manage cases through encouraging and/or ordering the use mediation and other forms of ADR. 
• The requirement for courts to consider whether to order or encourage parties to participate in ADR for fast, intermediate and multi-track claims. 
• The court’s discretion as to costs, and the consideration of the conduct of the parties in relation to mediation and ADR usage in these orders. 

Ciarb welcomes the engagement of its members with this consultation. Please review the ADR consultation document (PDF, 168KB, 2 pages) as well as the proposed ADR rule amendments (PDF, 118KB, 7 pages).  

Send your response on the proposed rule changes (in Word or PDF form): 

• To Ciarb by Wednesday 15 May 2024 to policy@ciarb.org. Ciarb will draw on member submissions to inform its overall consultation response. 
• And/or to the CPRC by Tuesday 28 May 2024 to CPRCconsultation@justice.gov.uk. 

Please note that if you send it only to the CPRC, your response will not be considered in the Ciarb response. 

Please state “ADR Consultation” in the subject line of your email in both cases.