How ADR services can help resolve your dispute

Alternative dispute resolution (ADR) services are services to help individuals or businesses resolve disputes without needing to go to court. The main forms of ADR services are negotiation, mediation, conciliation and arbitration. Collaborative law is a newer approach to dispute resolution that also falls under this bracket. ADR services may be provided by legal professionals such as ex-lawyers and ex-judges, or by specially trained professional ADR practitioners, such as mediators or arbitrators.

The service usually involves the parties discussing the problem with a neutral third-party person (generally a mediator or arbitrator), who will highlight the strengths and weaknesses in each side of the situation and try to lead the parties to a natural agreement. At the end of the meeting or hearing the mediator or arbitrator will make a decision and recommendations about what each party should do to rectify the problem. It depends on what type of ADR method is used as to whether the decision is binding; mediation is not binding or enforceable, whereas arbitration usually is.

If you are entering a contract with another party you may wish to consider writing a clause into the contract providing that ADR services are to be used before legal action is resorted to. This can save money in the long run and can prevent unnecessary animosity and bad publicity. A clause should specify very carefully when ADR is to be resorted to, how the ADR practitioner is to be selected, and who bears the costs of ADR, amongst other things. You should use a solicitor to draft such a clause to ensure that it is clear and free from ambiguity.

If you would like to obtain legal advice on ADR services, Contact Law can put you in touch with a local specialist ADR practitioner or solicitor free of charge. So, if you have any questions or would like our help in finding ADR practitioners or solicitors please call us on 0800 1777 162 or complete the web-form above.