Alternative Dispute Resolution - ADR

We are specialists in alternative dispute resolution, with an enviable reputation for our expertise and sector knowledge, with an ability to provide clear, practical legal advice and exceptional advocacy.

We are known for our expertise in dealing with contractual claims, negligence and civil fraud matters of all varieties, with outstanding sector-specific knowledge.

ADR is invariably suitable for a wide range of civil consumer and commercial cases and claims, although not all. If not, we will advise you on the best way forward.

You can engage in dispute resolution before and during the litigation process and it is strongly advised by the courts that you do so. If you do not, you may face a possible adverse costs award by the court, being noted as a party who unreasonably refuses to engage in alternative dispute resolution.

ADR Law

Aside from the “requirement” to try to settle disputes out of court, if handled by a suitably experienced practitioner, ‘ADR’ - alternative dispute resolution- is highly successful.  In our experience, the vast majority of claims and probably over 90% of cases are resolved out of court, through negotiated settlement, although not always before a claim is issued.

Dispute Resolution

ADR, alternative dispute resolution, also now known as ‘negotiated dispute resolution’, NDR, is an umbrella term for a structured, facilitated approach to parties attempting to resolve a claim, dispute, or conflict out of court.

It is, however often dismissed as half-hearted and lacking the strict regulations of the civil procedure rules and the cut and thrust of litigation, presided over by a judge. However, its use is actively promoted by the Commercial Court Guide Eleventh Edition 2022 which states:

Legal representatives in all cases should consider with their clients and the other parties concerned the possibility of attempting to resolve the dispute or particular issues by NDR and should ensure that their clients are fully informed as to the most cost-effective means of resolving their dispute.

Negotiated Settlement

Negotiation is far and away, the most flexible and informal of alternative dispute resolution methods, but it is more than just “horse trading.” Succeeding in negotiation and arriving at a negotiated settlement requires not only in-depth knowledge of the facts, legal expertise, and skilful advocacy but also psychology and strategic planning.

Discussions and correspondence between the parties usually take place to try and narrow the issues and may well evolve into a preliminary ‘without prejudice’ basis negotiation.

Negotiation. like all other forms of ADR is private and confidential, protecting the parties’ reputations and potential future relationships.

If an agreement is reached, it will be recorded in a settlement agreement which, when agreed upon and signed by both parties, forms a binding contract.

Mediation

Mediation is similar to negotiation but is facilitated by an independent and impartial mediator jointly appointed by the parties who share the costs between them. Often parties are represented by their solicitors although this is not a requirement.

Mediation is not adjudicative- reaching a decision- and the mediator cannot decide on who is right or wrong, but will try to assist the parties in overcoming the obstacles to settlement by encouraging each party to make concessions, narrow the issues in contention and ultimately try to foster agreement.

As with all forms of ADR, it is voluntary and requires commitment from each side to actively engage in the process, be prepared to move on their position and of course a heartfelt desire to resolve the issue and go forward.