Alternative Dispute Resolution (ADR)
Our aim is to focus on resolving disputes amicably without going to court – Court proceedings are expensive and time consuming and no business owner wants that – this is where Alternative Dispute Resolution (ADR) can be helpful.
What is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) is a process of resolving disputes without the time, costs and stress of going to Court. It can be used in all kinds of business disputes and following changes to the Civil Procedure Rules, it is an accepted objective of the civil justice system.
Types of Alternative Dispute Resolution
Our Alternative Dispute Resolution solicitors have extensive experience of working with a variety of companies to resolve disputes via alternative dispute resolution methods, such as:
- Mediation – meeting with a trained mediator acting as a neutral third party who facilitates a conversation between the parties to try and reach a mutual agreement.
- Negotiation - discussions between parties to settle disputes. This is the first port of call and will be managed by your solicitor in correspondence or telephone calls, or in some cases a round-table discussion with the parties.
- Arbitration – Used where the parties can’t agree on a settlement but want to avoid Court. An arbitrator hears evidence from both parties and makes a legally-binding decision to resolve the business dispute.
Our solicitors will work with you at every stage and explain the various alternative dispute resolution frameworks available to agree what is right for you.
Benefits of ADR for businesses
- ADR, especially mediation and negotiation, generally offers significant cost reductions compared to litigation cases in Court. With the Courts now able to impose cost penalties for not pursuing ADR, the financial incentive is stronger than ever.
- ADR is typically faster than litigation, helping businesses swiftly resolve disputes and resume regular operations without long court delays. Arbitration and mediation timelines are typically defined upfront, adding predictability to the process.
- ADR takes place in confidential, neutral settings and settlement is not a matter of public record. This a major draw for commercial entities seeking privacy for sensitive business matters.
- ADR gives parties more control over who arbitrates their business dispute, the rules they follow, and the overall process. This flexibility is appealing to employers and business owners accustomed to controlling their business environments.
- By offering collaborative solutions rather than adversarial judgments, ADR can help maintain valuable business relationships that might otherwise suffer under the strain of the courtroom.
If an agreement is reached through ADR then that is usually the end of the matter, assuming all parties hour their agreement. However, sometimes in business disputes if a settlement cannot be reached, Court action may be the only way forward. If this is the case, we have the experience, expertise and advocacy skills to represent you and achieve a resolution to suit your commercial objectives and should the claim run to a Hearing we work with highly experienced professionals and specialist counsel to represent your interests.
Contact Us
For expert legal advice on resolving a business dispute contact our Alternative Dispute Resolution solicitors today on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.
