Can unwilling parties be compelled to engage in alternative dispute resolution in litigation?
Julie Hamilton and Robin Mackintosh of Scottish law firm Morton Fraser MacRoberts look at how a recent Court of Appeal decision in England ruled that parties can be compelled to engage in alternative dispute resolution (ADR), departing from the traditional view that ADR is purely voluntary. While this decision raises questions about the future of compulsory ADR in Scotland, no similar requirement currently exists, though the ruling may influence future procedural developments.