The Courts also encourage litigants to use ADR as a way of resolving disputes because it often costs less and is less time consuming.
The most common types of ADR are:
This is a flexible, voluntary and confidential form of ADR, in which a neutral third party (the mediator) works with all the parties towards a negotiated settlement. Unlike a judge, a mediator will not decide the case on its merits but will work to facilitate an agreement between the parties.
All the parties must agree to submit the dispute in question to arbitration. Like a judgment, the decision of an arbitrator is final and binding on all the parties.
This is most commonly used in construction disputes. Adjudication is a statutory right that the parties cannot contract out of. A party to a construction contract has the right to refer a dispute to adjudication at any time. The adjudicators’ decision is binding on the parties. Adjudication can be a speedy and cost effective way of resolving disputes.
Our specialist team of professional negligence lawyers have substantial experience of ADR. We have the experience and flexibility to be able to advise you on how best to deal with your dispute, including when will be the best time to try and settle the dispute. Often, this will result in a saving of time, costs and aggravation.
If you have any questions or queries about ADR, please contact one of our specialist professional negligence lawyers to discuss further.