Foreword
By Carol Parsons, Head of ATE
In this edition of EvaluATE we have chosen to shine a light on
mediation, examining the options available and the views of
both the claimant and defendant community. We also share our
thoughts as an ATE insurer and a key stakeholder in the process.
In November 2023, the Court of Appeal handed down its judgment
in Churchill v Merthyr Tydfil County Borough Council [2023]
EWCA Civ 1416. In the ruling, Sir Geoffrey Vos, Master of the Rolls,
noted that: "The court should use its discretion when deciding
to stay the proceedings, and the characteristics of the particular
method of the non-court-based dispute resolution process being
considered will be relevant to the exercise of the court's discretion
as to whether to order or facilitate it." Commentators described
this as a landmark ruling, reinforcing the view that litigation should
be a last resort.
With the spotlight on ADR, albeit the move towards non-court-based
dispute resolution has been the direction of travel for a while, it is not
surprising that NHSR's focus is to deploy a variety of dispute resolution
methods noting on their website that less than 1% of cases go to trial.
I think we would all agree that a mediated settlement, however that
is achieved, must be better for all concerned, but the effectiveness
of any dispute resolution process will undoubtedly correspond with
the engagement that the parties adopt when entering the process.
Spring is on its way, the days are longer
and our first newsletter of 2024 is here.
Welcome back!
Contents
Foreword:
2 Foreword by Carol Parsons,
Head of ATE
Mediation:
4 Paul Balen
4 Anna Sari
5 Ian Long
5 DAS
DAS ATE:
6 First for ATE
Recent insights -
looking back on 2023:
7 Henrietta Hughes
7 Nick McDonnell
7 Paul Balen
7 Nathan Holt
Our people:
8 Q&A with Andy Talbot,
Director of ATE and Broker Sales
About us:
9 DAS UK Group: www.das.co.uk
9 Follow us
9 Get in touch
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EvaluATE | Issue 4