Alternative Dispute Resolution Solicitors.

Alternative dispute resolution (ADR), is a collective term that stands for a wide range of processes of finding a resolution, with the help of a third party. ADR helps disagreeing parties reach a resolution without the need for litigation or a court case.

You can normally start ADR before or during any dispute you have, or run the process concurrently to any other legal processes.

The four most common types of ADR are:

1. Mediation – Mediation involves an independent trained mediator who facilitates communication between the two parties having the dispute to achieve a settlement or resolution. The mediator will discuss the issues and try to help the parties reach an agreement, but will generally not offer their own opinions or assessment.

2. Conciliation – Conciliation is typically used for employment issues rather than commercial disputes. Conciliation is a compulsory process to bring a claim to the Employment Tribunal. The conciliator will discuss the issues and try to help the parties reach an agreement, often providing their own opinion after assessing the situation and the different arguments.

3. Arbitration – This is more formal than mediation. It involves a process in which the dispute is resolved by an arbitrator’s decision (a nominated third party who is qualified to handle arbitration). Arbitration runs as a tribunal process and decisions made are legally binding.

4. Adjudication – This form of ADR is generally reserved for disputes that arise from construction contracts. The adjudication process involves: providing written notice of adjudication, appointing an agreed adjudicator, serving a referral notice, a response to this referral notice, and a legally binding decision by the adjudicator within 28 days of the referral notice.

When it comes to resolving your dispute, there are two benefits of using ADR. The benefits include:

1. Reducing costs – Alternative dispute resolution can be much cheaper than instructing a solicitor and taking a case to court.

2. Saving time – Some forms of alternative dispute resolution can be faster than going to court. Complex claims can take up to two years before the final hearing, and longer if you have to enforce it. Alternative dispute resolution can occur within a week or so, and the settlement agreement is drafted and finalised shortly after that.

Some courts will want to see evidence that you initially seeked ADR berfore bringing the matter in front of a judge.

If you require an ADR consultation, contact our litigation solicitors on 0203 007 5500.

ADR is usually a much cheaper option than litigation.

For example, instructing a mediator for mediation will cost around £1,000 per party per day in fees. If both parties are open to the idea of ADR, the dispute should reach a prompt resolution.

Whereas if you were to look at the litigation route, a lot of work would be required from a solicitor to construct your case and take it to court. The cost of employing a solicitor is around £250 per hour.

Most ADR cases will only take one meeting to come to a resolution. However, in some instances, both parties may need additional sessions to reach a solution.

If a judge refers a case to seek ADR processes, a completion date is usually set by the judge. The judge usually gives 90-120 days to resolve a dispute through ADR.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono property law work at present.