Abstract:
Can a court lawfully order a stay of proceedings for parties to engage in alternative dispute resolution (“ADR”), such as mediation, during a court proceeding? This was the central issue the Court of Appeal of England and Wales (the “English Court of Appeal”) was tasked to answer in the recent case of James Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. In answering the question in the affirmative, the English Court of Appeal held that a court has the power to order a stay of proceedings even if one party refused to resolve the dispute through ADR. This case note examines the decision and argues that like the UK, Singapore’s commitment to facilitate dispute resolution through ADR remains ironclad.