Business Dispute Resolution Alternative Resolution

· Alternative Resolution Introduction
· Negotiation
· Mediation
· Arbitration

Introduction

Alternative Dispute Resolution (ADR) is the process of resolving disputes without having recourse to the courts. The preparation need be no less rigorous and the procedures may be similar to the court procedure in terms of evidence gathering and representation. As a result there will not always be savings in terms of costs. However your solicitor should always consider with you whether ADR is appropriate in your case because:

· the ADR processes can be quicker than the conventional court process and will be heard by specialist in the field

· it is the official policy of the Lord Chancellor's Department that the prospect of ADR needs to be explored by the parties before going to court - a policy which is enforced by penalising in costs those reluctant parties who unreasonably elected not to use ADR. Back to menu.

The principal methods of ADR are summarised below:

Negotiation

Negotiation requires an understanding of the case, the facts, the available evidence and the law which applies to it. Generally, the more preparation we are able to undertake, the stronger your negotiating position becomes. Clearly there is a cost dimension to this preparation, and a balance to be drawn. Back to menu.

Mediation

Mediation is a voluntary process which, if successful, results in a legally binding compromise being reached by the parties. All other options remain open (including reverting to court action) until the moment a deal is struck.

The mediation is conducted by a professional mediator specialising in a relevant field appointed jointly by the parties. They do not reach a decision on the matter. Their function, via shuttle diplomacy, is to help the parties to come to an agreement.

It is less confrontational than court proceedings, and can be quicker and cheaper and it is private. But it is not suitable if either party lacks sufficient will to reach a settlement. Back to menu.

Arbitration

This combines the binding nature of court proceedings with some of the privacy of mediation. In many cases involving standard terms of contract, some building disputes for instance, it is compulsory.

The arbitrator will often be appointed either by agreement or by the head of an appropriate professional body (eg. FRICS).

The arbitration is conducted formally in accordance with the rules governing arbitration proceedings. Back to menu.

Why not call for a quote on 01273 405900 or e-mail details to: jastbury@astburys-law.co.uk