Expert Determination – is it ADR?
by CHRIS MAKIN
WHEN FRAMING THE Civil Procedure Rules, Lord Woolf had the clear intention of encouraging parties in dispute to go away and settle their differences, perhaps with the help of trained professionals.
We see this in CPR Part 1 – The Overriding Objective:
1.4(1) The court must further the overriding objective by actively managing cases.
1.4(2) Active case management includes:
(e) encouraging the parties to use an ADR procedure if the court considers that appropriate. and facilitating the use of such procedure...
