Court proceedings can in some cases be a necessary part of seeking to resolve your dispute, however, they can be expensive and time-consuming. It can also create bad feeling between the parties, which might be problematic if there is an ongoing relationship. Parties may therefore consider Alternative Dispute Resolution (ADR) at all stages of a dispute, including after proceedings have started.
ADR is firmly encouraged by the Courts and it can assist parties in reaching a resolution far more quickly and cheaply than pursuing a case all the way to Trial. ADR also enables the parties to explore more creative solutions to their disputes than the options available to the Courts, such as an apology or the promise of future business.
Here, Liane Simmonds, Associate Solicitor in our Dispute Resolution team summarises a few of the different types of ADR which are available to both individuals and businesses.
Settlement discussions and negotiations
This is where parties discuss between them the ways in which the dispute can be resolved. Often one party will make a settlement offer and, if it is not acceptable, the other party can make a counteroffer. These discussions should usually be conducted on a “Without Prejudice” or “Without Prejudice Save as to Costs” basis.
Mediation
This is where a third party, known as a mediator, is appointed by the parties to assist them in reaching a resolution. Typically a mediation will take place over the course of a day and the mediator’s role will be to facilitate settlement discussions between the parties. The mediator is a neutral third party unconnected with the parties and they do not have the power to impose a resolution on the parties.
Early Neutral Evaluation
This is where an independent third party is appointed by the parties to review the case and give an opinion on either a specific issue or merits of the case generally. The opinion is not usually binding on the parties (unless the parties agree that it will be), but the opinion may be used by the parties to progress settlement discussions.
Expert Determination
This is where the parties appoint a suitable expert to review the case and give a binding decision as to a resolution to the dispute. This type of ADR is most commonly used where there are technical issues involved.
Arbitration
This is where the parties agree to appoint an arbitrator who will consider representations from the parties and make a binding award. The arbitrator’s role is similar to that of a Judge, but the arbitrator is appointed by the parties and the process takes place in private.
If you would like to discuss how ADR can help you resolve your dispute, please contact Liane Simmonds on 01403 224637 or email her on liane.simmonds@coolebevisllp.com
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