Alternative Dispute Resolution
Resolving disputes does not mean going to court
Alternative dispute resolution (‘ADR‘) refers to ways of resolving disputes between parties that does not involve going to court. It provides a confidential dispute resolution mechanism outside of a court of law, by which a dispute or difference is submitted to an impartial individual(s), either for determination or to assist the parties in reaching a negotiated resolution of their dispute.
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The most common forms of ADR are:
- Mediation - where an independent third party helps the disputing parties to come to a mutually acceptable outcome
- Arbitration - where an independent third party considers the facts and takes a decision that’s often binding on one or both parties
- Early Neutral Evaluation - whereby the parties invite a neutral third party to give an opinion on the merits of the case or particular aspects of the case
- Expert Determination - an expert determination can consider technical and/or legal issues. The expert reaches a binding decision which is enforceable as a contract between the parties.
ADR is often utilised by parties as it can be quicker, cheaper and the decision can be kept confidential.
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Dispute Resolution Team
Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice