Alternative Dispute Resolution (ADR) is the title given to any method of resolving a dispute other than being determined by a Judge at Trial.
Solicitors and the Court are duty bound to give consideration as to whether there is an “alternative” venue or method of resolving a dispute other than proceeding to Trial. The various forms of ADR have increased in recent years. There is little doubt that referring a dispute to an appropriate form of ADR at the appropriate time can provide significant savings both in terms of the costs involved and the time involved in resolving a dispute.
It is also the case that statute and many forms of contract such as those in the building and construction industry often contractually bind the parties to proceed via a particular form of ADR.
Common forms of ADR include:-
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Negotiation - Before and during formal litigation proceedings.
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Mediation - An independent trained mediator is appointed by both parties to assist them in reaching an agreed settlement.
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Adjudication - Parties are often contractually bound to refer a dispute to Adjudication. In some building and construction matters, the parties have an absolute right to proceed to Adjudication even if there is no contractual agreement to do so. The Adjudicator is usually an individual with expertise in the particular type of dispute. Often a decision is made “on the documents” and without any formal hearing.
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Arbitration - Usually where the parties have contractually agreed to proceed to Arbitration in the event of a dispute. Although similar to the Court process, Arbitration hearings are held in private and are less formal than the Court process. |
Dispute avoidance and resolution is an important part of our philosophy and we are keen to see our clients enjoy the benefits that can be gained by referring a dispute to the appropriate form of “ADR” at the appropriate time.
