ADR & Mediation

Temple Garden Chambers barristers have been at the forefront of developments in Alternative Dispute Resolution (‘ADR’), shaping the development of ADR models tailor made to their clients’ needs in the fields of personal injury, clinical negligence, insurance, commercial agreements and costs.

Temple Garden barristers have established a strong reputation for excellence in ADR tactics and advocacy, both written and oral, and a track record of success of the full range of ADR modalities:

• Arbitration
• Mediation
• Ombudsman Schemes
• Early Neutral or Independent Evaluation

The requirement to consider mediation has existed since Halsey v Milton Keynes General NHS Trust [2004].   However, the pandemic and increasing Court backlog caused a significant explosion in the types of ADR, both conciliatory and evaluative, and their uptake, as parties look to get their claims resolved more efficiently.

The trend was accelerated by Sir Geoffrey Vos MR’s endorsement of the Civil Justice Council’s report on ‘Compulsory ADR’ (12 July 2021):

“As I have said before, ADR should no longer be viewed as ‘alternative’, but as an integral part of the dispute resolution process; that process should focus on ‘resolution’ rather an ‘dispute’ and open the door to a significant shift towards earlier resolution.”

In Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416, Sir Geoffrey Vos MR went even further.   Courts can and will order parties to engage in non-Court based dispute resolution, and are likely to be more inclined to impose adverse costs orders on parties who do not utilise such processes.

Non-Court based dispute resolution is usually in the best interests of the parties.  The NHSR are backing ‘Mandatory’ Neutral Evaluation for Clinical Negligence claims, and the take up of evaluative solutions that mirror a Court trial is continually increasing.

Temple Garden Chambers barristers are expert in assisting clients in the selection of the correct ADR modality for their particular dispute and guiding then through to successful resolution of their claims.

Members of chambers also offer services as specialised costs mediators, whether through CADR or by way of direct instructions.