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And what of the situation where a Claimant with little or no prospects of succeeding in a claim deliberately and with one eye on costs suggests ADR?

Is it proportionate or reasonable for the Defendant to have to enter into ADR then?

Or will the Courts see through a Claimant's tactics in those circumstances?

Ultimately ADR is not the magic answer to all cases, particularly where liability is severely in dispute and there is to all and intents and purposes nothing to mediate.

Is a Defendant to mediate each and every case simply because a Claimant's solicitor throws a one-line mention of the same into a letter?

If so then it is pointless pretending that a Claimant has to prove its case, and we may as well 1) compel the forced settlement of all claims regardless of merit, leading to the increase of ever more speculative claims being put forward and 2) do away with the Court system entirely.

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