Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31LocalGovernmentLawyer Dispute Resolution 2016 3 Challenging times Welcome to Dispute Resolution 2016, the latest in a series of exclusive research reports conducted by Local Government Lawyer. The aim of this report is to identify and analyse the challenges ahead for all those local authority lawyers involved in dealing with disputes of all kinds, based on our survey of 62 local authority legal departments. The main finding of the survey is that despite recent measures aimed at reducing the amount of litigation aimed at public bodies – whether it be judicial review reforms, cuts to legal aid or the promotion of ADR - the overwhelming majority of local authorities expect the number of disputes they face to increase. Consequently, a major theme of this report is how local authority legal teams can cope with this rise in litigation at a time when the resources available to legal teams are under pressure. Strategies for tackling the resource deficit were discussed at length at a roundtable of senior litigators held by Local Government Lawyer in the summer, the results of which are summarised on page 15. Other themes that loom large for local authority litigators include the promotion of the new online court by the government, the growth of litigants-in-person and the issues they create for local authorities, the rise of crowd-funding and its effect on the conduct of disputes and the role of technology in increasing the efficiency of managing disputes. All are addressed in depth throughout the report and we hope that you find it helpful. Derek Bedlow Publisher Local Government Lawyer Contents Balancing act, p4 What are the trends in local government dispute resolution? What do local authority lawyers think of government reforms to the justice system? And what strategies are council legal teams employing to manage their workloads? Philip Hoult outlines the findings from the Dispute Resolution 2016 survey. Litigation tactics, p12 At a roundtable held to discuss the results of the survey, senior lawyers considered how local authorities can best deal with growing litigation caseloads and reduced resources. Philip Hoult reports. ODR and the online court: the implications for local authority lawyers, p18 Desmond Brady looks at whether the use of technology to resolve disputes is finally about to come of age and assesses the potential effects on local government lawyers. Adjudication: Beware ambush or smash and grab! p21 Justin Mendelle highlights some of the pitfalls for local authorities engaging in public sector construction contract adjudication. Sweating the assets, p24 Poppy Watson-Brooks explains how moving the use of tech out of the theoretical and into the real world could benefit local authority legal teams. Costs ADR: The growing phenomenon? p26 Have the Jackson reforms increased the use of ADR and is the system proving increasingly advantageous for litigators and clients alike? Jessica Swannell reports. The challenges ahead, p28 Mary-Anne Anaradoh looks at the effect that the new social care framework introduced by the Care Act and other recent legislation may have on where and how disputes arise. Local Government Lawyer www.localgovernmentlawyer.co.uk Editor Philip Hoult philip.hoult@localgovernmentlawyer.co.uk Publisher Derek Bedlow derek.bedlow@localgovernmentlawyer.co.uk Advertising Leanne Rowley leanne@localgovernmentlawyer.co.uk 01625 666 395