Alternative Dispute Resolution (ADR) includes processes and techniques to resolve disputes between parties without having to resort to litigation. ADR has gained increased popularity in recent times for a number of reasons, including a desire to have greater control over the indiviudal(s) who will decide the dispute, and the advantage that the dispute can be dealt with confidentially.
All members of chambers are available to represent clients as counsel in disputes taken to arbitration, mediation, adjudication and expert determination. Individual members of chambers have also gained further qualifications, accreditation and membership of ADR panels to sit as arbitrators, mediators or expert determiners.
Arbitration: Parties refer their dispute to an arbitrator(s) and agree to be legally bound by the decision. It is a consensual process whereby the parties are free to agree the procedures within the framework provisions of the Arbitration Act 1996. Where the parties have not made a prior contractual arrangement for arbitration of their disputes a submission agreement can be entered into post dispute for the arbitration of the dispute.
Arbitration is a flexible process whereby parties can agree procedures to limit costs and adopt as much of the Courts litigation process as they choose. The main advantages are:
- Confidentiality of proceedings and the decision.
- Selection of arbitrator(s) for technical disputes.
- The Award may be enforced as a judgment on application to the courts.
Mediation: Parties use a mediator who assists the parties negotiate their settlement of the dispute. Where the parties agree, a mediator may give a view as to what might be a fair or reasonable settlement. The main advantages are:
- Parties maintain control for resolving the dispute.
- Confidentialty of mediation and the settlement.
Expert Determination: Parties refer their dispute to an expert determinator, who is an expert in the subject matter of the dispute, and can agree to be legally bound by the decision. The main advantages are:
- Dispute is determined by an expert in the subject matter.
- Confidentiality of expert determination.