Alternative Dispute Resolution (ADR) or mediation as it is known, has seen a rapid growth in recent years. It is particularly suited to commercial disputes where settlement can be explored in confidentiality before or during court proceedings to avoid the cost and disruption of trial. Increasingly litigants are encouraged by the courts to resolve their disputes through mediation.
About ADR
- ADR can be used to resolve a dispute between parties before proceedings have been commenced. It can be used in all types of commercial disputes and is particularly useful in disputes where an ongoing trading relationship needs to be preserved.
- Parties can use the mediation process to choose their own way of settling a case including remedies that cannot be ordered by a Court.
- If Court proceedings have been started, ADR can be undertaken at any time up to trial.
- Under the new CPR court regime, Judges will request parties to consider mediation at an early stage of proceedings and can stay litigation to allow the parties to explore this option.
- Unlike court proceedings, no decision will be imposed upon the parties in ADR; if agreement cannot be reached, the parties revert to litigation.
As a forward thinking company, we recognise the benefits ADR can have for our commercial clients involved in litigation, reducing costs and disruption to a company's business. To ensure all our clients benefit fully from mediation, two of our solicitors are Accredited Mediators with IDR Europe Ltd, one of the recognised mediation company providers. |
