Alternative dispute resolution
Alternative dispute resolution is used to resolve legal disputes between parties outside of court. There are many advantages of pursuing alternative dispute resolution as opposed to litigation. For example, it is usually cheaper, quicker, and will help you to preserve your business relationship with your opponent. If alternative dispute resolution does not work, the parties can then proceed with court litigation.
There are various different types of alternative dispute resolution. Below are some of the main types which can be used to resolve a dispute.
Mediation and conciliation
This type of alternative dispute resolution involves appointing a mediator to help resolve the dispute or at least to highlight the key areas of the dispute.
Expert appraisal
In this type the parties refer the matter to an expert for appraisal. The parties choose the procedure and the findings of the expert are not legally binding on them.
Judicial appraisal
A former judge or counsel hears the dispute. It is up to the parties to decide whether the findings of the judge or counsel should be binding on them.
Mini-trial
An independent chairman is appointed to hear the dispute. A senior legal representative should represent each side, and they should have the authority to negotiate the dispute on behalf of their respective clients.
There are various other types of alternative dispute resolution. These include final-offer arbitration, early neutral evaluation and expert determination. If you get involved in a dispute, you should consider pursing alternative dispute resolution with the help of a solicitor.
If you would like to obtain legal advice and information on alternative dispute resolution, Contact Law can put you in touch with a local specialist civil / commercial litigation solicitor free of charge. So, if you have any questions or would like our help in finding local civil / commercial litigation solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 02/03/2010
