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Alternative dispute resolution, often referred to by its acronym, ADR, can be a beneficial and non-contentious method of resolving commercial disputes, helping to reduce the time, money and energy that often accompany court litigation.
Resolving a commercial dispute can be challenging but with the assistance of an experienced solicitor. Our team will provide sound advice and hands-on advice to ensure you get the best chance of success.
Our Glanvilles’ commercial alternative dispute resolution solicitors have a wealth of experience providing assistance to businesses, helping to find the best approach to resolving your matter, whatever the circumstances and level of support required.
Our team are specialists in all types of alternative dispute resolution and can assist you through your case no matter the circumstances of it, including straightforward and complex issues.
Our solicitors can provide assistance with alternative dispute resolution methods, including:
Should you instruct our team, we will take the time to carefully understand your case so we can provide advice tailored to your needs. We provide proficient advice and practical guidance, significantly increasing your chance of success.
There is no legal requirement for you to instruct a solicitor for commercial dispute resolution, but for a straightforward process and the best chance of success, acquiring legal representation to guide you throughout the process is highly recommended.
A solicitor has extensive knowledge and will have assisted many clients like you through dispute resolution. They will take the time to assess your case and guide you towards the appropriate alternative dispute resolution method to quickly resolve your matter while protecting your business’s interests.
A solicitor provides an opportunity to fully understand your legal rights and ensures you have the correct guidance.
Our solicitors at Glanvilles have a wealth of expertise assisting all types of businesses through contentious legal disputes, including those more challenging matters, ensuring they have the clear advice and practical guidance needed for a smooth sailing process.
It is possible to settle a commercial dispute in a number of ways, but it often depends on the nature of the dispute and the outcome you desire. You can either settle a dispute through alternative dispute resolution or via court litigation.
However, the court often requires the involved parties to attempt to resolve the matters between themselves where possible. Court litigation is seen as a last resort where an outcome cannot be achieved, or the matter is more contentious and requires the assistance of the court.
Commercial alternative dispute resolution is the process of resolving a commercial dispute outside of a court setting. Examples of where ADR may be necessary include matters such as contract disputes, employment disputes and intellectual property disputes.
In most circumstances, the courts require the involved parties to use alternative dispute resolution, and many solicitors will encourage it due to it often being significantly cheaper, less time-consuming and less contentious.
There are four types of commercial alternative dispute resolution. These include negotiation, arbitration, adjudication, and mediation.
During negotiation, the parties will meet in an attempt to find a mutual agreement to their dispute.
The process of arbitration is similar to that of court proceedings, except it is held in a private setting with a neutral third-party arbitrator who is responsible for making a legally binding decision. During arbitration, the parties will present their argument and evidence to support this and the arbitrator will then come to a legally binding decision, called an award. Once this decision has been made, the parties are unable to appeal it in court.
Typically, adjudication is used in construction disputes but can often be an appropriate option for financial matters. During the process, the involved parties will meet with a neutral third-party adjudicator at a private hearing where their case will be presented along with evidence to support it, and the adjudicator will make a legally binding decision.
Mediation is typically the most commonly used method of alternative dispute resolution and often has a high success rate.
During mediation, the involved parties will meet with a trained, neutral mediator. Their role will involve guiding the parties to discuss the situation and come to an arrangement they can mutually agree to.
There is a fifth type of alternative dispute resolution method where the involved parties will meet with an expert relating to the matter, who will act as a neutral third party. Their role is to liaise with those involved, assess the situation and review evidence. They will then make a decision or recommendation.
The decision or recommendation they make is not legally binding, but the involved parties can decide in advance to make the decision binding should they wish to.
Many businesses involved in a commercial dispute want to know whether ADR is legally binding. There are specific methods, for example, negotiation, mediation and expert determination, which are not legally binding, but arbitration and adjudication have legally binding outcomes to which both parties must adhere to.
While alternative dispute resolution is seen as an effective route to resolving disputes, there are some circumstances where alternative dispute resolution may not be the most appropriate route, for example, where:
Our team have a wealth of expertise in assisting clients from all backgrounds through methods of alternative dispute resolution. Your appointed solicitor will take the time to assess your situation and find the most appropriate method of ADR.
Our alternative dispute resolution experts can offer:
We are also Lexcel accredited by the Law Society. This means that our outstanding client care and management of our practice have been recognised.
When you use our alternative dispute resolution service, we promise: