Alternative Dispute Resolution
Disputes are unavoidable but managing disputes through critical decisions is key to maintaing business relationships and avoiding costs.
Alternative Dispute Resolution (ADR) is now generally a preferred commercial option. ADR comprises voluntary amicable negotiations between the parties senior management. Early amicable discussions and negotiations can usually lead to settlements. Most commercial agreements will provide for this as no business wants to be involved in litigation.
Third party expert mediation is also part of ADR and clients can be introduced to expert mediators where necessary.
Arbitration is another form of ADR. Essentially arbitration is a private dispute resolution system where parties elect the decision maker and pay their fee and costs. There are several arbitration organisations and schemes which can be utilised. Both Amazon and eBay have arbitration as a preferred dispute resolution procedure. ABTA is another well know travel dispute resolution scheme.
We can assist clients at each stage of the ADR process.
- Amicable Negotiation and Settlement
- Expert Mediation
- Arbitration Representation
- Commercial Dispute Advisory
- Amazon and eBay Arbitration
- ABTA Travel Dispute Resolution
- ADR Process Assistance
Disputes are unavoidable, but managing them effectively is key to protecting business relationships and avoiding costly litigation. We can assist at every stage of the ADR process.
Frequently Asked Questions
What is Alternative Dispute Resolution (ADR)?
ADR is a preferred commercial alternative to court litigation. It encompasses voluntary amicable negotiations between parties' senior management, third-party expert mediation and arbitration. Early discussions can often lead to settlements, avoiding the cost and disruption of formal proceedings.
What is arbitration and how does it work?
Arbitration is a private dispute resolution process where the parties choose their own decision-maker (Arbitrator) and fund the process. Several arbitration organisations and schemes exist, including those used by Amazon, eBay, and ABTA for travel disputes. It offers a confidential, flexible alternative to Court proceedings.
Can we still use ADR if we are already in dispute?
Yes. ADR can be initiated at any stage of a dispute, even after formal proceedings have begun. Most commercial agreements already provide for ADR and courts increasingly encourage its use. We can assist clients at each stage of the ADR process, from initial negotiations through to mediation or arbitration.
When should I consider mediation?
Mediation is usually worth considering early in a dispute, before legal costs escalate, and is frequently encouraged or expected by the courts.
Is ADR binding?
Arbitration and expert determination are typically binding; mediation produces a binding outcome only if the parties sign a settlement agreement.
What is the difference between mediation and arbitration?
In mediation an independent mediator helps the parties reach their own agreement, which is not binding until settled. In arbitration an arbitrator hears the case and makes a binding decision, similar to a private judge.
How does the cost of ADR compare with going to court?
ADR is usually faster and less expensive than litigation because it avoids lengthy court procedures. Costs vary with the method and complexity, and we give a clear estimate at the outset.
How long does mediation usually take?
Many commercial mediations are resolved in a single day, though complex disputes may need longer or several sessions. Preparation is key to making the most of the time.
Is what is said in mediation confidential?
Yes. Mediation is conducted on a without-prejudice, confidential basis, so discussions and offers generally cannot be used later in court if the matter does not settle.
Do the courts expect parties to try ADR first?
The courts strongly encourage ADR and can penalise a party in costs for unreasonably refusing to engage. Attempting ADR early is usually in your commercial interest.