Money and Other Fundamentals: English Perspectives on Court Proceedings, Mediation, and Arbitration

Abstract

This article examines the modern 'squeeze’ upon court proceedings. England remains committed to attracting cross-border contentious legal work. The administrators of the courts system and of mediation and arbitration bodies share the goal of improving civil justice in all its forms. Mediation is increasing in importance; the system of arbitration also continues to prosper because it is an attractive alternative to court litigation. Mediation is to be encouraged because, when the conditions are right, it offers an attractive alternative to both the processes and outcomes of court and arbitral adjudication. The delicate interplay of arbitration and court support and supervision requires English judges to remain in close contact with the arbitration world. But court litigation has been in the doldrums because it remains very expensive and public support for legal aid has been greatly reduced. Reforms introduced in April 2013 state that when the losing party is required to pay the victor’s costs ('recoverable costs’), the amount must be proportionate to the case’s importance and value.