Case management and ADR – finding the right balance

A recent decision of Mr Justice Coulson in the TCC addressed the interaction between ADR and case management by the Court.

At the first Case Management Conference in CIP Properties (AIPT) Limited v Galliford Try Infrastructure Limited and Others the Defendants argued that a ‘window’ of 3 – 4 months should be built into the litigation timetable prior to disclosure, to enable the parties to explore ADR. The Claimant resisted this proposal, in part because they wanted the disclosure phase to have taken place prior to consideration of ADR.

The Court set out a useful commentary on how the potential tension between progressing a case to trial efficiently and leaving ample time for ADR is to be managed.

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