ADR – Mediation

Alternative Dispute Resolution (ADR) is rapidly gaining favour with Courts

  • as a sensible alternative to issuing Proceedings
  • in fact even when Proceedings have been issued the Courts will positively encourage you to consider ADR as a way of settling your Case before it comes to Trial

So what is meant by ADR? Well it is a term used to include the following

Negotiation

This is often ignored but is the single most effective way of resolving a business dispute at any stage. It is the first approach we always suggest. You can get advice from us as to how best to conduct your own negotiations or we can take them over for you and work towards an agreed position for a period of time agreed with you before considering other options for resolving the dispute.

Mediation

This is currently the most common form of Alternative Dispute Resolution. It is an informal means of Alternative Dispute Resolution and broadly involves

  • both sides to the dispute putting their views forward through a qualified Mediator
  • the Mediator acts as a facilitator by allowing both sides to air their grievances
  • he then ensures that both parties focus upon the issues with a view to settlement

Mediation can be undertaken

  • prior to issuing Proceedings
  • alongside Proceedings as is often suggested by a Court with the proceedings being put on hold
  • because it is required by the contractual documents governing the relationship you and the other party involved

You can call on our experience of dealing with Mediation to help resolve your business dispute quickly and on a Fixed fee basis.

Expert Determination

You may find that a specific organisation regulating the business area relevant to your dispute provides for “expert determination” of the specific type of dispute you are involved in. Each scheme is specific to the relevant business sector.

Expert determination is also used for some types of Property disputes. You can rely on us to advise you in dealing with this form of ADR and ensure that your position is effectively and clearly put forward.

Arbitration

This is most commonly used in Construction and Insurance disputes. Your contractual documentation may include an Arbitration Clause and, if so, the dispute may have to be referred to Arbitration.

You will find Arbitration is a more formal type of ADR. An Arbitrator has the power given him by the Terms of his appointment to make an Award to determine the dispute and this is usually binding on both parties albeit sometimes with a right of appeal.

Advantages of ADR

  • You will find that the main advantages with any form of ADR are
  • a potential saving in time and costs
  • a procedure that is simpler than that followed by the Courts
  • the process is conducted in private unlike Court Proceedings which are in the public domain

We will explore all your options and their costs implications before agreeing with you the most cost effective means of resolving your dispute.