Alternative dispute resolution (ADR) refers to various means of resolving a dispute without needing to go to court. ADR schemes can include mediation and may be used to solve a dispute with a neighbour, family members, an ex-partner or a seller, trader or company.
How Does Mediation Work?
One of the most common forms of alternative dispute resolution, mediation may be used by parties wishing to attempt to negotiate the settlement of an issue. An experienced mediator is instructed to facilitate meaningful dialogue, explore the issue and stay on track in terms of reaching an amicable outcome acceptable to all involved.
Experts in ADR, such as Edgar Paltzer, know that mediation is typically more flexible, less formal and more cost-effective than other types of dispute resolution. It is sometimes used alongside other forms of ADR.
As well as usually being less stressful for the parties involved, ADR is confidential and can result in the receipt of compensation. While sometimes an ADR scheme is used as an alternative to going to court, in some cases it’s undertaken to narrow down the issue before going to court.
Arbitration and Expert Determination
Another form of ADR, arbitration involves both parties agreeing for an independent arbitrator (or arbitration panel) to make a decision. This decision is called an award and is both final and legally binding. While, like court proceedings, arbitration is a formal process, it is confidential and private.
Expert determination is a private process similar to arbitration. An independent, technical expert is appointed to conduct an investigation and subsequently make a decision (which can be binding or non-binding) on the dispute. This type of ADR is typically deployed in tandem with other forms of alternative dispute resolution, such as mediation, and where the dispute resolution centres on a technical, rather than legal, issue.
Are There Any Cases Where ADR Can’t Be Used?
There are some cases or issues that aren’t suitable for ADR but need to be solved in court. These include issues requiring urgent court action, cases that involve domestic abuse and emergency cases. For more information about ADR, take a look at the embedded PDF.
Choosing to Go Down the ADR Route
Before choosing an ADR scheme, individuals should think about what they wish the process to achieve, how much time they have to commit to the process, any associated costs, and whether they want to avoid meeting the other party or parties in person. They should also consider if there is a time limit in which they have to act and whether they want the option of going to court as well as undertaking ADR.