Types of Alternative Dispute Resolution
We have a number of specialist solicitors who excel in alternative approaches to dispute resolution. If you are involved in a dispute, or if you are a professional advisor looking to assist a client in resolving a claim, then we would like to hear from you.
There are six types of ADR, including:
Mediation is one of the most common ADR processes and involves the appointment of an independent third party who assists the other parties to negotiate their own settlement without attending court. Mediators are unbiased and are only responsible for opening communication between the two parties and encouraging them to come to a consensus.
The process is private and confidential, and any settlement agreed as a result of the mediation is binding on the parties. If an agreement cannot be reached, then court proceedings may have to begin.
Without Prejudice Negotiations
Without prejudice negotiation is another common form of ADR and helps parties resolve disputes without the involvement of a third party. Anything said during without prejudice meetings or correspondence is confidential and can only be disclosed to the court when it is determining liability for costs after a judgement has been given. This encourages the parties to be open with each other.
A ‘hidden benefit’ of without prejudice negotiating is that even if a full settlement isn’t achieved, it may help to narrow the issues in dispute, making the formal proceedings more efficient, quicker and less expensive.
Adjudication is used in relation to construction and building related disputes. It is usually a very quick procedure which can be concluded within 28 days of referring a dispute to the adjudicator. The adjudicator’s decision is binding on the parties unless and until the dispute is determined by litigation, arbitration or agreement. Often an adjudicator’s decision will not be challenged.
Arbitration involves the appointment of an expert who is familiar with the technical issues in a dispute. The expert is jointly instructed by the parties to determine the dispute between them, often on the basis of written submissions only. The expert’s decision is legally binding on the parties. The process is relatively informal and can be cheaper and quicker than other forms of ADR.
Early Neutral Evaluation
Early neutral evaluation is a non-binding process in which an independent third party, appointed by the disputing parties, gives an impartial assessment of the merits of the claim. There is no power to impose a settlement on the parties but the evaluation can often facilitate settlement discussions.
At Lupton Fawcett, our aim is to resolve any disputes with your commercial goals in mind. Thanks to our experience, we find it much easier to build trust with clients if we treat each business as if it was our own, providing honest, open advice that aims to move you forward and resolve disputes.
We will always try and settle outside of court to avoid costly and lengthy dispute periods. But if court is the only solution to your dispute, we will provide the best representation possible to ensure you are successful.
Contact Us for Help
For an initial no obligation discussion with a member of our commercial litigation team, or for more information and advice on ADR, contact one of our Yorkshire solicitors in Leeds, York or Sheffield today by using the contact form on this page.