Alternative Dispute Resolution (ADR) Update
Some civil disputes could be characterised as emotionally charged, but few are as contentious and hard fought as matters involving the home. This month we have two examples of highly contested cases and a call from the court for compulsory ADR.
First, we will consider a boundary dispute over 17 inches of land where the legal costs ran to over £200,000. These figures speak for themselves, but if you had any doubt, the circuit judge who heard the case confirmed that the cost was “beyond my comprehension.” He was also critical of the fact that both parties wanted the claim to be heard in the multi-track (reserved for claims worth more than £25,000) when it was a small claim (i.e. valued at less than £10,000, where costs would have been limited).