How to use ADR and arbitration to resolve your case

ADR (Alternative Dispute Resolution) is usually used as a collective term for a number of services that aim to resolve any dispute you have become involved within. ADR through arbitration is when two parties agree to use an expert third party to help them resolve their differences. The key is that arbitration is binding, whereas mediation isn’t.

If you are in dispute and your case is going to come before a court, the judge may recommend that both parties must use ADR though arbitration to attempt a resolution of their issues. If you are in this situation, you should note that if you refuse ADR through arbitration that a judge has recommended to you, this could mean the judge could force you to pay some court costs. And if your dispute is under Civil Procedure Rules, ADR using arbitration or mediation will be expected.

Any claim for an unpaid debt you are thinking of taking to the small claims court must use ADR first, as the court will want to see that you attempted to resolve your dispute before taking court action. This is to ensure that you have taken all the steps you can before resorting to a claim through the courts.

The most popular type of ADR is mediation, as this enables both parties that are in dispute the best chance of settling their differences before involving the courts. Mediation can be used in family disputes and also in business disagreements, and is widely regarded as the best initial course of action for anyone that is in dispute. However, the result of mediation is not legally binding, and decisions can be ignored by the mediating parties. In arbitration this isn’t possible.

ADR arbitration will depend largely on the issues that both parties are in dispute over. If there is a legal component to your dispute, the service of a solicitor is always advisable. In some cases mediation by a solicitor could resolve your dispute quickly and easily.

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