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We understand that usually, litigation is a last resort. It always carries an element of risk – often a substantial one – and involves an investment of time and funds.
How can Alternative Dispute Resolution (ADR) benefit me?
Effective use of Alternative Dispute Resolution (ADR) can offer a more cost-effective and time-efficient way to resolve a dispute. Usually, litigation does not prevent engaging with an alternative procedure to resolve a dispute, and the two can be used simultaneously.
What can ADR include (in addition to negotiation)?
Arbitration is a binding form of ADR, in which both parties to a dispute agree to submit the dispute to an independent arbitrator. Each party will present their case to the arbitrator, who will then make a binding award in the dispute. Although it is similar to litigation, arbitration is a confidential process, and is usually less costly and quicker than litigation.
Adjudication is similar to Arbitration and, in some construction contracts parties can have a statutory right to refer a matter to adjudication. An arbitrator is often an independent third party who provides a decision that is usually binding but is subject to the agreement of the parties and further litigation.
Adjudication is a 28-day process and can, therefore, offer a quick means of resolving a dispute. You must, however, be in a position to commence adjudication and have everything lined up ready to go. As it is a quicker process, if you are not ready to adjudicate, you could inadvertently put yourself at a disadvantage.
Mediation offers a consensual way of resolving a dispute without a determination by a court and so can be an effective way to offer a resolution to the dispute whilst preserving ongoing business relationships. Both parties explore the issues in the dispute in-depth with the assistance of a neutral mediator.
The mediator’s role is to assist the parties in discussing the possible ways of resolving a dispute and facilitating an agreement between the parties. Mediation is not binding itself but can be used to reach a contractually binding settlement agreement between the parties as a way of resolving the dispute.
Expert Determination is a binding form of ADR whereby the parties agree to instruct an expert (relevant to the dispute) to make a determination. The expert’s decision is then contractually binding on the parties. Expert determination is particularly useful where the dispute centres of a technical issue.
Why Use Oakwood Solicitors to bring your case?
At Oakwood Solicitors Ltd, we work with our clients to ensure we fully understand their objectives, as well as the resources and time they are prepared to spend on resolving a dispute. This way we ensure that we are able to provide comprehensive advice to our clients about the most practical way to achieve their aims.
We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature.
We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and aim to allow the claims procedure to be as transparent as possible.
WHAT TO DO NEXT
For any enquiries about Alternative Dispute Resolution, get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.