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ADR - Other Forms

Other Forms of Alternative Dispute Resolution

 

Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside the courtroom.  ADR is not the 'first step' in litigation; it is a real alternative providing an invaluable tool for the swift and cost-effective closure to a dispute.  Although mediation is the most popular and widely recognised form of ADR, there are other forms which the ADR Group can assist in helping you find the right specialist. 

 

Adjudication

Adjudication is a quick and relatively inexpensive method of resolving a dispute, whereby an impartial third party adjudicator decides the issues between the parties.

 

Adjudication is a short-term type of dispute resolution technique used extensively in the construction industry, which allows parties’ access to an adjudicator who hears the outline arguments of both sides and makes a fast decision to allow both parties to advance quickly with their project.

 

Arbitration

Arbitration is a formal and private method of dispute resolution where cases are resolved by the decision (award) from one or more independent Arbitrators.  The Arbitrator will review evidence and impose a decision that is both legally binding and enforceable in law.  Parties can agree to bear there own costs or be bound by a costs award determined by the Arbitrator. 

 

In contrast to litigation, parties are able to choose the Arbitrator(s).  This is especially useful when the subject matter is highly technical and requires a degree of expert knowledge (for example quantity surveying, construction or property law).  Arbitration is cheaper and quicker than taking a dispute to court and awards are non-public and can be made confidential.

 

To ensure you appoint the highest quality Arbitrator to deal with your dispute, ADR Group will only appoint Arbitrators who have qualified with and are registered with the Chartered Institute of Arbitrators.  

 

Selecting the right Arbitrator for your dispute is extremely important.  Our dedicated case advisors are on hand to offer advice and see that both your requirements and expectations are met in full.  ADR Group offer no obligation fee quotations meaning you know the total cost of the arbitration process from the outset, with no hidden costs.

 

Conciliation

Conciliation is a method of alternative dispute resolution whereby parties to a dispute use a conciliator who meets with the parties separately and jointly, in an attempt to resolve their differences.  The conciliator does this by lowering tensions, improving communications and encouraging parties to explore potential solutions.

 

Conciliation is different to arbitration in that it has no legal standing.  The conciliator usually has no authority to seek evidence or call witnesses and does not usually write a decision or make an award.

 

Conciliation is different to mediation in that often the parties are in need of restoring or repairing the relationship, for either personal or business reasons.

 

Early Neutral Evaluation

In Early Neutral Evaluation (ENE), a third party evaluator with specialist knowledge of the subject matter acts as a neutral person to asses facts, evidence and legal merits of a dispute.  Though the evaluation is non-binding, it is available to both parties and often paves the way for more constructive negotiation. 

 

ADR Group has a wealth of experience in this field and is able to offer professional experts ranging from practising Solicitors and Barristers to retired Judges.

 

Negotiation

Negotiation is an informal means of resolving a dispute.  The process starts with an approach to the other side detailing the nature of your complaint and proposals for how it can be rectified.  The other side need to agree to take part before your representative approaches them.

 

The process is non-binding, though both sides can agree to make a negotiated agreement into a legally-binding contract or order.  This would then be enforceable in law.

 

In some disputes, such as medical negligence or housing disrepair, the courts say that you must try to negotiate with the other party before applying to the court.  By appointing a negotiator to act on your behalf, you can reduce the legal costs that would usually be associated with formally instructing a solicitor to advise on your claim and then act on your behalf.  

 

Negotiation is different to other forms of dispute resolution in that the negotiator acts on your behalf and represents your interests.  In most instances, the negotiator will be legally qualified and able to advise on the best course of action. 

 

 

Further Information

For further information or to discuss the nature of your dispute and the options available to you, please contact our Dispute Resolution Services team by telephone on 020 3600 5050 or by e-mail at casemanagement@adrgroup.co.uk.

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