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Courts, arbitral centres and mediation providers should collaborate: Chief Justice of England & Wales Sue Carr at LDIW

Courts, arbitral centres and mediation providers should collaborate: Chief Justice of England & Wales Sue Carr at LDIW

Lady Carr explained how integrating different forms of dispute resolution – negotiation, arbitration and litigation – can enhance the effectiveness of resolving disputes.

Lady Chief Justice of England and Wales Sue Carr has called for greater integration and collaboration in London’s dispute resolution landscape.

Lady Carr explained how different forms of dispute resolution – negotiation, arbitration, and litigation – can enhance the effectiveness of resolving disputes.

“The Romans used to say that everything that is perfect comes in threes. Where disputes are concerned, the perfect triumvirate are those forms of dispute resolution that are centred on negotiation, arbitration and litigation. Then secondly, I want then to turn to how we might unite different forums to learn from each other, to better inform how to improve the delivery of dispute resolution,” she said.

The Lady Chief Justice was delivering her keynote speech at the ongoing London International Disputes Week (LIDW) at the Queen Elizabeth II Centre.

Lady Carr made history in October 2023 when she became the first woman to be appointed Head of the Judiciary of England and Wales and President of the Courts of England and Wales.

In her speech, she praised London’s legacy of mediation, citing organizations like Centre for Effective Dispute Resolution (CEDR) and prominent mediators such as Bill Marsh. Lady Carr underscored the importance of the London Court of International Arbitration (LCIA) and the London Chamber of Arbitration and Mediation (LCAM), as well as the influence of the UK Arbitration Act of 1996.

The expected reforms to this Act, including provisions for summary dismissal and codification of conflict of interest disclosures, aim to further strengthen London’s arbitration framework, she added.

Further, Lady Carr touched upon the role of the judiciary and the legal profession in dispute resolution, noting the growing trend of cross-fertilisation where retired judges often take on roles as mediators and arbitrators.

She referred to the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council, which confirmed the power of the courts to mandate alternative dispute resolution (ADR), and predicted wide-ranging consequences for the legal landscape.

On one hand, it is likely to increase the focus that parties already have on the use of ADR and is also likely further promote the development of multi-tier dispute resolution clauses, she said.

On the other hand, she said,

“Judges are increasingly likely to be called upon – further to the requirement to manage cases to further the CPR’s overriding objective – to consider whether to mandate the use of ADR. And not just to consider the question of whether to do so, but also the broader question of which form of dispute resolution to mandate.”

Read the complete article here.

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