UK Law and Practice Contributed by: Nicola Dagg, Steven Baldwin, Rory Clarke and Ashley Grant, Kirkland & Ellis International LLP
10. Alternative Dispute Resolution 10.1 Dispute Resolution Mechanisms There is no formal ADR mechanism; it is party- led. The pre-action conduct can be taken into account by the court. The court’s guidance is generally that litigation should be a last resort and that parties should consider whether nego - tiation or some other form of ADR might enable them to settle their dispute without commencing proceedings. Parties are expected to exchange sufficient information to understand the other’s position and to attempt to settle the issues between themselves without recourse to litiga - tion.
Parties are encouraged to consider ADR (and settlement) at the outset and generally through - out the litigation timetable. Further, the Court of Appeal recently held that courts have the power to order parties to engage in non-court based dispute resolution – eg, mediation (James Churchill v Merthyr Tydfil County Borough Coun - cil (the Council) [2023] EWCA Civ 1416). The Practice Direction on Pre-Action Conduct and Protocols explicitly refers to mediation, arbi - tration, early neutral evaluation and Ombudsmen schemes as ADR options available for the reso - lution of disputes.
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