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Alternative Dispute Resolution Solicitors
Alternative dispute resolution (ADR) can be an ideal way of bringing a business dispute to an effective and swift conclusion. At JMW, our highly qualified team of legal experts is highly experienced in all dealings relating to ADR.
If you require a business dispute resolution service, we will listen to your needs and find the best way of dealing with the dispute, while minimising the hassle and cost to you and your company.
How JMW Can Help
We are proven experts in ADR law, and can offer educated legal advice and support on the four main methods of business dispute resolution:
This involves out of court discussions between the parties. Most cases involve some degree of negotiation. It can take place face to face, by letter/email or over the telephone. Negotiations can be conducted either by solicitors on behalf of the parties, or between the parties directly with solicitors on hand to assist and advise.
At JMW Solicitors, we are highly experienced in guiding our clients through all types of negotiations. In most cases, negotiations are conducted on a ‘Without Prejudice’ basis, meaning that anything said during negotiation cannot be mentioned in court. There are no rules as to how negotiations ought to be conducted in general, or how many attempts the parties should make to negotiate with the other side. We can assist you in deciding how you wish to approach negotiation and the appropriate steps to take depending on your legal position. Our solicitors will offer support and representation for you throughout all negotiations in your case.
Mediation is one of the most commonly-used methods of ADR and has a high rate of success in all kinds of commercial disputes and other business disagreements. Mediation can take place at any stage once a dispute has arisen (provided the parties agree to mediate), including after the commencement of legal proceedings.
This is a distinct form of ADR which replicates the court process and operates as an entirely separate form of litigation to the civil court process. It can be a useful tool in resolving business disputes of all kinds.
Adjudication is a method that is available for disputes arising from construction contracts. It is a process during which parties in dispute appoint a person to consider the evidence and arguments submitted by both, which then results in a decision that determines the rights and obligations of each party.
Adjudication is a fast paced option for receiving a decision on a dispute. The procedure lasts 28 days and a decision has to be given within the 28 day period, unless the parties agree to extend this period.
The Adjudication procedure is often described as a “pay first, argue later” mechanism for resolving disputes. The decision of the Adjudicator is binding on the parties and can be enforced through the Court if necessary. That said, a party is still at liberty to commence court proceedings after adjudication if it seeks a different outcome.
Adjudication may be appropriate for resolving claims relating to:
- Payment disputes
- Delay and disruption of works
- Defects with works
- Breach of contract
- Termination of contract
- Professional negligence
By instructing JMW, you are enlisting the help of a specialist alternative dispute resolution law firm, with years of experience of independent third-party mediation that can significantly boost your chances of resolving a dispute and achieving a positive outcome.
We are renowned for our professionalism and will provide the expert legal support you need throughout the process, even on the most complex of disputes. JMW’s commercial litigation department is one of the largest in the north west.
Through a combination of sound commercial advice and traditional legal analysis, we can find the right ADR solution for your company, taking into account your business objectives and preferred working practices.
What are the benefits of the ADR process?
Alternative dispute resolution (ADR) procedures have the significant benefit of enabling you to avoid court proceedings; this will help to reduce disruption to the business and save money on litigation costs.
Whereas some court processes can take years to resolve, ADR can be completed in a matter of weeks or months, minimising costs associated with legal fees 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.
Additionally, with alternative dispute resolution, companies can maintain a greater level of confidentiality around the details of the case, and ensure the outcome can be achieved as amicably as possible.
What are the different types of ADR?
There are four main types of ADR:
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. This process is generally seen as quick and decisive, though rulings are less flexible than with other methods.
Arbitration is a private procedure involving the use of an independent third party, commonly known as an arbitrator, who is paid by the parties involved to make a decision on the dispute. Because this approach is more flexible than adjudication, it may be more suitable for complex and sensitive cases.
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 business disagreements. Mediation can take place at any stage once a dispute has arisen, and invites both parties to non-adversarially identify an outcome that would be mutually acceptable.
Conciliation is similar to mediation, using a third party to help steer negotiations towards an amicable conclusion. Whereas a mediator will simply try to find common ground between the parties, a conciliator will offer opinions on the relative merits of each claim and make non-binding settlement proposals to help bring the case to a conclusion.
For more information on this type of ADR service, check out our dedicated conciliation service page.
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.