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In his report, Lord Woolf controversially proposed that litigation should be seen as a last resort, parties should be encouraged to settle or at any rate to agree on specific issues, he embraced ADR.
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LLP2 Coursework Assessment Moody states 'The satisfactory resolution of disputes is a key issue for any society'1 and Paterson, Bates and Poustie reveal that 'Litigation has traditionally been regarded as the dispute resolution procedure par excellence'2, however litigation is not without its problems. Both Lord Woolf3 and Lord Cullen4 had reports published concerning civil justice reform. Lord Cullen reviewed the business of the Outer House of the Court of Session in Scotland and made 75 recommendations on how it could be improved. He based his recommendations on many made by Lord Woolf who was commissioned by the Government to review the whole of the English and Welsh civil justice system. These reviews were conducted as a result of concern relating to the extensive delay and expense of litigation and they confirmed those concerns were valid. It was found that litigation was too expensive, in fact costs often surpassed the value of the...
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