Alternative Dispute Resolution | ADR Law & Procedures

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution is the name for a way of resolving disputes and complaints between consumers and traders without taking the case to court. The UK government has expressed a desire to encourage the development of ADR, as it expedites the process of dispute resolution and can help maintain a positive relationship between traders and consumers. The most common forms of ADR are:

1. Mediation, in which an independent third party helps the parties in dispute to collaborate and reach a mutually agreeable outcome.
2. Adjudication/arbitration, wherein the independent third party, or an impartial tribunal, hear all the facts and makes a legally-binding decision to resolve the dispute.

Through this type of negotiation, clients can significantly reduce disruption to their business and their lives from disputes, and save money on the costs associated with litigation.

What are the benefits of ADR?

The key benefits of ADR are as follows:

• It saves time: disputes can often be settled far more quickly with ADR; often in just months or even weeks.
• It’s less expensive: Cases resolved through ADR save on expenses like attorney fees, experts’ fees, court costs and other litigation costs.
• Greater control over the process: ADR allows both parties to take a more active role in shaping the process and outcomes, with greater opportunity to give their side of the story than a trial would allow. With mediation, you may even be able to come to creative resolutions that a trial simply couldn’t enforce.
• Preserve relationships: ADR is often less adversarial than litigation for dispute resolution. This can be important when the relationship between the parties needs preserving.

How can Gorvins help with ADR?

We have a team of experienced, expert alternative dispute resolution solicitors who can help you find the dispute resolutions you need without the matter going to court. Gorvins is a specialist law firm and independent third-party mediator with the skill and experience to help you achieve the best outcome when resolving a dispute.

To speak to one of our team, call today on 0161 930 5151 or email businessdisputeteam@gorvins.com. Alternatively, complete our online contact form and tell us about your circumstances.

Finding the right way to move forward

Litigation is a slow and costly process which no company or consumer wishes to be dragged through. Alternative dispute resolution exists to avoid going to trial, and there are many advocates who will tell you it is a superior method of resolving a conflict. The process is not restricted by certain legal procedures, and both parties will be able to play a more active part in coming to an agreement. Gorvins Solicitors want to help our clients resolve their disputes as swiftly as possible, and to reach resolutions that will satisfy both parties. Get in touch today and take the first steps in the process to end your dispute the right way.

Frequently Asked Questions:

What are some alternative dispute resolution techniques?

The most common types of ADR are mediation and arbitration. Mediation involves using an independent third-party to help reach a mutually acceptable outcome, while arbitration has that third-party consider all the facts and make a legally-binding decision to resolve the dispute.

Is ADR compulsory or legally binding?

ADR is not compulsory, but it could be in future. Any decisions made through mediation are not legally binding, but where arbitration is used, the decisions are final and legally binding.

What does ADR mean in legal terms?

ADR is designed to settle disputes between companies, or between a company and a customer, without resorting to litigation. Where arbitration is used, the eventual decisions are legally binding, meaning the dispute is settled once-and-for-all, and failure to comply could have consequences.

Why is ADR better than going to court?

The processes of ADR are usually less costly and more expeditious, taking collaborative approaches to help both parties understand one another positions and reach conciliation. ADR can even enable parties to come to more creative solutions which could not be legally imposed by a court.