For Practitioners unfamiliar with Alternative Dispute Resolution (ADR), the four CADR case studies provide a useful introduction to the process and demonstrate what it can achieve.
Case Study One: NHS Resolution
Is an example of a Facilitative Mediation in which the CADR mediator assisted the NHS Trust which was paying the costs, to facilitate a settlement of the Claimant’s costs of the action he had brought for clinical negligence.
Agreement was reached following discussions across the table and private sessions with each side, leading to an offer by the Trust which was acceptable to the claimant.
Case Study Two: Solicitors Act
Is an example of an Evaluative Mediation where a firm of solicitors and their former client had disagreed over the amount which had been charged for advice in a hostile matrimonial dispute.
Attempts to reach a settlement at the facilitative stage had not worked, but both sides wanted finality as an alternative to fighting on at great expense at a court hearing.
They agreed to an evaluative mediation, whereby the CADR mediator provided a written evaluation setting out what he considered to be a fair and reasonable sum to be paid, with both sides agreeing that they would accept the figure, thereby bringing their dispute to an end.
Case Study Three: Expert Determination
Is an example of an Expert Determination in which the CADR expert provided an expert opinion about the amount which it was fair and reasonable for a protected party to pay in costs to his own solicitor.
The opinion was needed as the court’s approval was required before the case could be completed and the balance of the protected party’s damages paid out to his litigation friend.
The opinion was accepted by the court, thereby avoiding the time and expense of a detailed assessment.
Case Study Four: Early Neutral Evaluation
Is an example of an Early Neutral Evaluation where the parties to a large and complicated group action, wished to have the view of the CADR appointed expert about the reasonableness of the hourly expense rates charged by the Claimants’ solicitors.
Obtaining an early opinion enabled the parties subsequently to reach agreement about the rates, thereby avoiding the need to go to court for a judicial decision, at a considerable saving in terms of time and cost to both sides.
