p. 1589. Recovery of ADR Costs in Litigation
- Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
- Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
- and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London
Abstract
This chapter addresses the recovery of alternative dispute resolution (ADR) costs in litigation. The court have power to make an order that the costs of interim applications in connection with ADR should be borne by one party if that party has acted unreasonably, otherwise the usual order will be ‘costs in the case’. If the parties embark on an ADR process and make a clear agreement as to their respective liabilities for the costs of that process, the court will not look behind it. Meanwhile, if the parties make no agreement about the costs of an ADR process, the court can determine liability for the costs of the ADR process. If the parties reach agreement on the main issues by an ADR process and agree that ADR costs should be determined by the court, the court is likely to make no order for costs (meaning each party will bear their own costs) unless it can determine, without trying the case, who would have won at trial.
