ADR: timing and
judicial
encouragement
This element explores when a party should
engage in ADR and how the court
encourages parties to engage in ADR
, Timing
When should a party engage in ADR?
Firstly, a contract between the parties may already have specified how and when ADR
should be used. For example, a commercial contract might provide that before the parties
commence proceedings in relation to the subject matter of the contract, they first need to
refer certain issues for expert appraisal.
Secondly, some forms of ADR can only be considered at particular times. For example,
arbitration is an alternative to court proceedings, and therefore will almost always be
pursued before any court proceedings have been commenced.
More generally, a decision on timing involves balancing various factors, as set out on the
next page.
judicial
encouragement
This element explores when a party should
engage in ADR and how the court
encourages parties to engage in ADR
, Timing
When should a party engage in ADR?
Firstly, a contract between the parties may already have specified how and when ADR
should be used. For example, a commercial contract might provide that before the parties
commence proceedings in relation to the subject matter of the contract, they first need to
refer certain issues for expert appraisal.
Secondly, some forms of ADR can only be considered at particular times. For example,
arbitration is an alternative to court proceedings, and therefore will almost always be
pursued before any court proceedings have been commenced.
More generally, a decision on timing involves balancing various factors, as set out on the
next page.
