Alternative Dispute Resolution Solicitors
Increasingly, businesses and organisations are looking at ways in which to resolve their commercial disputes as quickly as possible, and at a cost that is proportionate to the sums in dispute. In addition, the courts actively encourage parties to attempt to settle their disputes out of court where possible.
There are several ways a party can explore a resolution of their dispute as an alternative to, or alongside, formal court proceedings. This is known as alternative dispute resolution (ADR), and it can present an ideal opportunity to minimise the risks associated with litigation, bringing a commercial dispute to a cost-effective and swift conclusion. At JMW, our team of legal experts is highly experienced in resolving disputes through ADR and achieving settlements on the best commercial terms.
ADR is the general term used to describe the different methods for resolving a dispute, either without court proceedings (as an alternative), or in addition to court proceedings. The nature and complexity of the dispute will vary extensively from case to case, but generally most commercial disputes are suitable for one, or more, forms of ADR.
The different methods of ADR can sometimes present a more advantageous outcome than going to court for a variety of reasons. ADR can be a more cost-effective and informal option. It can minimise the time, stress and resources associated with lengthy court proceedings and, where successful, it can create legally binding outcomes which offer certainty and finality for litigants.
If you require assistance with resolving a commercial dispute, we are here to listen to your needs, review your legal position and advise on the most appropriate course of action for dealing with the dispute, while minimising the stress and costs to you or your company. We are here to assist at any stage of a dispute, and careful consideration will be given to whether and when ADR will be suitable for your case, in view of the specific circumstances of your matter.
Speak to our ADR solicitors today. Call us on 0345 872 6666, or complete our online enquiry form and we will give you a call back as soon as we can.
How JMW Can Help
Our team of experts deal with ADR every day, and can offer comprehensive legal advice founded on in-depth experience of commercial disputes. We can support you in resolving those disputes in any one of the five main methods of ADR:
By instructing JMW, you are enlisting the expertise of a specialist alternative dispute resolution legal team, with decades of collective experience of dispute resolution. Our solicitors represent clients nationwide and internationally, including individuals, directors, shareholders, corporates, professionals, government bodies and PLCs, so we have a clear understanding of the importance of finding bespoke commercial solutions to our clients’ legal problems.
We work closely with our clients to agree a case strategy that includes careful analysis of the merits of the case, balanced against exploring potential settlements in the form of ADR, ultimately positioning our clients for the best possible outcome.
Why Choose JMW?
Our first-class lawyers provide an outstanding service to clients. Building on our strong reputation in litigation (being ranked as one of the best law firms in the UK in the Legal 500), our services in dispute resolution are well respected, and we are committed to achieving winning solutions for our clients.
We are renowned for our professionalism, and will provide expert legal support throughout the process, even in the most complex business disputes.
What are the different types of ADR?
There are five main types of ADR:
Negotiation
Negotiation involves the parties engaging in out-of-court communications (in writing or in person) to attempt to find a resolution to the issues in dispute. It is a flexible and informal way to resolve a dispute, and can be conducted either by solicitors on behalf of the parties, or between the parties directly, with solicitors on hand to assist and advise.
This is often a pragmatic way of seeking to reach a solution without the issues escalating further or requiring court proceedings. In most cases, negotiations are conducted on a “without prejudice” basis, meaning that anything said during the negotiations cannot be mentioned in court. There are no rules as to how negotiations should be conducted, or how many attempts at negotiation the parties can make.
Mediation
Mediation is one of the most commonly-used methods of ADR, with a high rate of success in all kinds of commercial disputes and other civil disagreements. Mediation can take place at any stage once a dispute has arisen, and it encourages the parties to explore a non-adversarial method to resolve their dispute on more creative terms.
Mediation takes place in private, and the discussions that take place during mediation are treated as ‘without prejudice’, meaning that they cannot be referred to in any court proceedings. If mediation is not successful, the parties can still pursue litigation (as well as other forms of ADR) in respect of the dispute.
Arbitration
Arbitration is a private procedure involving the use of an independent third party, commonly known as an arbitrator, who is instructed by the parties to hear the case and make a decision on the issues (known as an ‘award’). The process is legally binding, and the awards can be enforced worldwide.
Adjudication
Adjudication is a process through which the parties in dispute appoint a body – for example, a professional organisation or a judge – to consider the evidence and arguments, which then results in a decision that determines the rights and obligations of each party. Adjudication is typically a straightforward process, and the final decision is typically binding, unless appealed in court.
This method is often used to resolve construction disputes, as well as contractual disputes where there is a provision in a contract specifying adjudication as the mechanism for resolving the dispute.
Early Neutral Evaluation
Early neutral evaluation (ENE) is a form of ADR where a qualified independent third party, known as an evaluator, is appointed by the parties to provide a realistic view on the merits of the case or a particular part of the case. This can help to narrow the issues in dispute by highlighting the weaknesses in a particular case, and often encourages the parties to engage in settlement discussions based on a more objective view of their own legal positions.
A guide to commercial mediation for business
Our guide to commercial mediation for businesses will help you to navigate disputes effectively, prepare strategically, and achieve a resolution.
FAQs
What are the benefits of the ADR process?
Alternative dispute resolution (ADR) procedures have the significant benefit of enabling you to avoid court proceedings or bring them to a conclusion prior to a final hearing; this will help to reduce disruption to the business and save money in respect of the overall litigation costs. For example, the average costs of a mediation are significantly lower than litigation costs, and would be incurred as an alternative to a party having to fund the remaining costs of the litigation to a trial.
Whereas traditional court proceedings can take years to resolve, ADR can be completed in a matter of weeks or months, minimising costs associated with legal fees, delays with the courts and disruption to normal working practice. This approach is also much more flexible, allowing the parties involved to take control of the process, and come up with creative solutions that might be more satisfactory than the remedies available through court proceedings.
Additionally, with ADR, companies can maintain a greater level of confidentiality around the details of their case, and often it can preserve business relationships.
How much does it cost for an ADR solicitor?
ADR is generally less expensive than resolving a dispute in court proceedings, which by its nature is lengthy and can require extensive work to be undertaken by the parties’ legal representatives. The costs of ADR vary depending on the type of ADR being pursued, but it will typically be a more cost-effective option. This is because its primary goal is to resolve disputes swiftly and proportionately, which in turn can limit the costs of such a process. Additionally, this reduced time means you can minimise disruption caused to you or your business and move forward.
For more info on your specific situation, give our specialist ADR solicitors a call now, and we will be able to advise on the options available to you.
Talk to Us
To discuss alternative dispute resolution procedures and how we can bring your disagreement to a satisfactory conclusion, call us on 0345 872 6666. You can also complete our online enquiry form to request a call back from a member of the team.
