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The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances. The report is a significant addition to existing debates in the UK about the permissibility of compulsory ADR schemes. The traditional view in the UK since the seminal case of Halsey v. Milton Keynes Gen’l NHA Trust [2004] 1 WLR 3002 is that forcing unwilling parties to mediate in the first instance violates fundamental rights of access to the courts.… Continue Reading New UK Report on Mandatory ADR