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I rather think that you can.

If failure to engage in ADR is visited with a no costs at trial even if you win (save for very exceptional reasons, maybe) then economic pressure will force the issue.

It will be for the private sector to provide the bodies to do the work. Which it will.

Elsewhere this is being proposed as part of a plan to move boundary disputes out of the courts.

If it reduces judicial involvement to the very few cases falling within the very exceptional, it will also solve the judicial pension problem. Or even the judicial problem.

I'm not saying that I'm in favour.

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