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Some more thoughts.

If exceptional cases are allowed to fall out of the scheme, when and who will identify them? What will be the criteria?

What will be the cost of ADR and who will pay it? I'm ignoring provision and policing the (greatly increased number of) providers

Oddly, my experience of watching SCT mediation, was that it was pretty good. But, mind you, the limit was the £3k. And the cases were even then at the lower end. But it was free and costs didn't enter the equation.

As part of my judicial life I was lectured on and took part in mock ADRs. What struck me was that it was very much horses for courses. Especially if the best answer lay outside what the application of the law could deliver. The sort of cases that, I dare say, go there now.

I don't go back on my earlier compulsion point though.

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