Alternative Dispute Resolution

With any dispute, it is wise to try and resolve it without having to resort to Court action. Where possible it pays to try and prevent a dispute escalating.

As well as having litigation expertise, we are experienced in all aspects of alternative dispute resolution (also known as ADR).

 

ADR includes

Negotiation
The most common form of ADR but often overlooked. It can be used before and during formal litigation proceedings and can include ‘without prejudice’ meetings.

Mediation
In mediation, an independent, trained mediator is appointed by both parties to help them reach an agreed settlement.

Adjudication
In adjudication, the case is decided by someone experienced in this particular type of dispute. This individual could be an Adjudicator or Judge and the decision is often (but not always) based “on the documents” rather than through a formal hearing. On occasion, there is a contractual obligation to refer a dispute to Adjudication. In some building and construction matters, the parties have a right to Adjudication, regardless of whether or not they are contractually obliged.

Arbitration
Arbitration is similar to a Court hearing but is more informal and is held in private. It is normally used when the parties have contractually agreed to proceed in this way in the event of a dispute.

 

We can also advise on various aspects of claim prevention including:-

  • Auditing your Terms and Conditions of Business
  • Drafting your Contracts of Employment and Policies
  • Reviewing your Credit Control procedures
  • Arranging regular health checks for your business

 

For expert advice on dispute resolution, please call us in confidence on 0121 236 1999, email enquiries@ert-law.co.uk or make an enquiry here.