Alternative Dispute Resolution (“ADR”) is an essential consideration for parties involved in civil and commercial disputes. There are a number of mechanisms for the resolution of disputes by alternative means. ADR includes any procedure which is used prior to or during the litigation process which might allow the parties to resolve a dispute without the court’s involvement.
Negotiation | Mediation | Arbitration | Adjudication | Early Determination | Tomlin Orders | Settlement Agreements
ADR will often provide a faster and cheaper resolution to a dispute than court proceedings which could otherwise take years to reach trial at significant expense. Court proceedings will often attract a certain amount of publicity whereas ADR allows the parties to discuss their differences in confidence and to agree confidential terms of settlement which can be enforced by way of a Tomlin Order or other form of settlement agreement.
Whether or not ADR is successful, the costs consequences of failing to consider ADR throughout court proceedings can dramatically affect the financial recovery of a successful claimant or the liability of an unsuccessful defendant. Our solicitors advise on all aspects of alternative dispute resolution and regularly use alternative means to quickly resolve contractual and commercial disputes.