Survey of alternative dispute resolution shows support for greater quality controls
Alternative dispute resolution (ADR) should not be made compulsory, but needs to be quality controlled, according to respondents to a government discussion paper.The discussion paper was sent out last November, posing 76 questions about ADR and the role the government should play in its development.
The majority of the 133 responses were from legal professionals.More than half were in favour of common standards, a code of practice, and a disciplinary code for mediators.
A majority said ADR should remain a voluntary process.The Law Society was among those who called for the government to set an example by using ADR clauses in contracts and in resolving its own disputes; most respondents maintained the state should play a greater role in ADR provision.
It was also suggested that ADR might be redefined as 'appropriate' dispute resolution, which would include litigation.On-line mediation did not find much support - the respondents said the psychology of mediation was better suited to face-to-face discussions.A Lord Chancellor's Department spokesman said the responses would be used as the basis for continuing debate when a working party on mediation is set up.
It is not yet certain when this will happen or who will be on the working party.
Jeremy Fleming
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