Alternative dispute resolution

This service is usually taken when other routes to a solution have been exhausted and is a preferred/recommended action by many, before or needing, to involve a court.

It is very important to attempt to resolve disputes by ADR as recent cases demonstrate that the courts will generally disfavour a party that wilfully refuses. However, if ADR is impractical, or attempts at ADR fail to achieve the desired outcome, then traditional litigation will play a key role and our team can guide you through the process to achieve your goal.

Arbitration can be more flexible than court proceedings and again allows the parties to keep their dispute private. Contractual documents often include an arbitration clause which designates that any dispute should be resolved using arbitration.

Mediation allows opposing parties to find a workable solution with the aid of a neutral third party (the mediator) to facilitate agreement. The mediation is confidential and gives the parties an opportunity to have greater involvement in the resolution process. This can be particularly advantageous where there are long-standing relationships to preserve.

Lodders’ Dispute Resolution team are skilled and experienced negotiators. Negotiation takes many different forms, ranging from party-to-party correspondence via letters and telephone conversations, to round table meetings where the parties and their respective advisors aim to find a mutually acceptable resolution, often on a Without Prejudice basis to allow them to speak freely.

There are various different types of ADR, including negotiation, mediation, and arbitration.

Lodders’ experienced, specialist team understands that traditional litigation can be a time-consuming, costly, and stressful process and therefore we readily advise our clients on other options available, whilst ensuring that these are suited to their goals and circumstances.

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