Courts Response when Parties refuse ADR

Question – Assessment 1

Under the Civil Procedure Rules 1998 the courts are under a duty to encourage litigants to engage with ADR.  With reference to decided cases discuss the response of the courts when either or both parties refuse to do so.

The deadline is fixed and missing the deadline will result in the award of 0%. Extensions cannot be granted. Where you can demonstrate a good reason to defer, you may apply for a deferral. If you are granted a deferral, you must take the new assessment at the next opportunity.

You must take care to upload your final answer by the deadline as once the deadline is passed you will not be able to submit another version.  The responsibility for timely submission is yours, and except for proven failures of University systems, reasons for late submission relating to your computer malfunction will not be accepted.

You must retain a copy of your work.

(a) All coursework must state the word count.

(b) The word count excludes the bibliography and footnotes. Footnotes must contain citations only and not text. Any text contained in the footnotes will not be marked.

(c) All work which exceeds the word limit, fails to state the word count or states the word count incorrectly will be subject to penalties.

(d) Coursework which fails to state the word count or states the word count incorrectly will be penalised by the deduction of 2%.

(e) Coursework which exceeds the word limit will be penalised by the deduction of 1% for every 2% that the word limit is exceeded.