It is now difficult to recall the level of scepticism about ADR in 1990, before the Centre for Dispute Resolution (CEDR) was launched.
One measure of CEDR's impact is the frequency with which I am greeted with the reaction, 'Only five years old? -- it feels like you have been around much longer!' Beginning with a core of founder members and backing from the CBI, CEDR has now recruited over 300 members, including household-name companies, most of the UK's leading law and accountancy firms, and an increasing range of public sector organisations.The change in climate has recently led to a clear endorsement of ADR by Lord Woolf in his interim report on access to justice.
Support for ADR is also evident in relation to legal aid and divorce reform proposals, and from the judges -- High Court and Commercial Court practice directions now mandate consideration of ADR.CEDR has also helped win support from other parts of government: in the DTI's white paper on competitiveness; in Department of the Environment backing for ADR in construction industry contracts; in Department of Health support for pilot mediation schemes for clinical negligence cases; in HM Treasury support for ADR use in government contracting practice; and in European Commission funding for a CEDR European research project.
Finally, industry has shown clear backing for ADR, in adopting CEDR contract clauses, in case referrals and in pressure on law firms to demonstrate commitment to ADR developments.CEDR's strategy has always laid emphasis on the dual goals of winning both the support of the client and the law firm for ADR.
An emphasis on one group alone would not have been as effective, although there have been not infrequent voices urging CEDR to take a populist anti-lawyer approach -- 'If lawyers are getting on the bandwagon, it must be rolling the wrong way.'CEDR sees its role as a national institution working in partnership with the legal profession and with clients.
Proactive lawyers have already recognised that the existence of CEDR offers them an independent channel to extend their client services.
Almost 900 cases have been referred to CEDR.
Settlements in mediation occur in almost 90% of cases where mediation is agreed.Long-term ADR growth will not be assured without hard evidence of a successful track record.
This is the reasoning behind CEDR's stress on its role as a 'dispute service' for the legal profession and clients, and not merely a training or promotional body.
We handle every aspect of case referrals from initial advice and contacts with the other party through to billing and follow-up questionnaires on quality.
This emphasis on practical case management, together with growing official support for ADR, is ensuring a steadily increasing flow of case referrals.
Despite CEDR's achievements, we know we have a long way to go to fulfil ADR's potential.
There are still too many lawyers and clients who have no experience of ADR, or are resistant to using it.
The next phase will be critical to ADR's reputation and its future within the civil justice system.
In recognition of this CEDR is not only celebrating its fifth anniversary this month but simultaneously launching a strategy for the next five years -- ADR 2000.
We aim to heighten client demand for ADR.
CEDR has helped to create a change of climate on ADR.
Over the next five years we will be working with lawyers, clients and policymakers to ensure they make the most of this change.1996
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