Alternative Dispute Resolution
Alternative Dispute Resolution, also known as ADR, is used to resolve a dispute without the need to go to court. Lodders’ Dispute Resolution team believes that satisfaction can often be achieved by using one of the many different types of ADR, thus alleviating the need for traditional litigation.
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.
There are various different types of ADR, including:
Negotiation
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.
Mediation
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.
Arbitration
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.
It is very important to attempt to resolve disputes by ADR as recent cases demonstrate that the courts will generally disfavour a party that willfully 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.
