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I would suggest that in an ideal world the Courts should be fixed AND ADR encouraged at the same time. I would go a step further and suggest that the Court service could offer more ADR alternatives, such as the Small Claims Mediation Service and that judges are able to act as mediators themselves if the parties preferred that approach (as with FDRs and Early neutral evaluation). Briggs LJ recommended exploring FDR and ENE in the Chancery Division in his Modernisation Report.

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