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To put it simply, alternative dispute resolution is a way of resolving disputes without having to go to court.
ADR became a method of dispute resolution in 2015 and quickly became a popular way to resolve conflicts between family members, businesses, organisations, traders etc. Alternative dispute resolution uses impartial resolving bodies to find more amicable ways to resolve disputes.
This can include methods like mediation, conciliation, and arbitration, each of which is a formal way of settling disagreements without the stress and additional cost of court proceedings.
At Glanvilles, our solicitors can provide expert assistant when it comes to dispute resolution. We always aim to provide high-quality dispute resolution advice without using unnecessary legal jargon so that our services are as straightforward as possible.
We regularly assist clients with alternative dispute matters like:
Our solicitors understand that handling legal disputes can be overwhelming and can provide a friendly and considerate service that is tailored to your individual circumstances.
Alternative dispute resolution is when an independent solicitor helps consumers and traders to resolve disputes quickly and efficiently. This is often used as an alternative to going to court.
ADR solicitors can help to assess disputes and find ways to resolve them in a cost effective and timely manner, without the additional stress of a court hearing.
A dispute resolution solicitor is primarily used to settle disputes, but they can also use ADR to narrow down a disagreement before it goes to court. This means that it will be clearer what the dispute is about and any misunderstandings can be settled out of court.
A dispute resolution solicitor can give you advice based on your dispute and help you to negotiate with the other party to try to resolve matters as amicably as possible. If you do have to go to court a dispute resolution solicitor can advise you on the next steps you will need to take.
If you choose to use alternative dispute resolution, you will need to pay for the services that you receive. The amount you will be charged will depend on the complexity of your disputes.
In addition to this you may be charged based on what type of service you require for example, Mediation may cost between £300 and £1,500+VAT, whereas Arbitration may cost £150+VAT per hour.
Conciliation is the most informal type of ADR; it involves taking a hard look at what both parties want and seeing if there is a resolution that would satisfy everyone involved. Conciliation will generally not come at an additional charge.
Mediation is often used in family law and to settle financial matters. This type of alternative dispute resolution involves both sides discussing the situation with a neutral third party in order to reach an amicable agreement.
In some instances, matters agreed in mediation can be made legally binding.
The Chattered Institute of Arbitrators can supply an independent arbitrator in order to make a final decision regarding a dispute.
When using an arbitrator there is often no need to go to court, a decision will be made after all the relevant evidence and from both parties has been viewed. Any decision made by the arbitrator is legally binding and cannot be taken to court at a later date
It is only possible to use an ombudsman in alternative dispute resolution if your organisations internal complaints service has already been used and it has been more than 8 weeks since the initial complaint.
An ombudsman will carefully consider how a decision was made in order to see if any unjust behaviour was involved. In some instances, the decision an ombudsman makes can be considered legally binding.
Some disadvantages of alternative dispute resolution services include…
Going to court can be overwhelming and many people wish to avoid this at all costs. In order to settle a dispute out of court you can use alternative dispute resolution.
A solicitor can help you resolve disputes before they have to go to court through methods like mediation, or conciliation. Additionally, they can recommend arbitrators to you, or find an independent mediator who can negotiate on your behalf when all other methods of resolution have failed.
Overall, the best way to reach an agreement without going to court is by negotiation with your opponent and finding a solution that will work for everyone involved. In cases where no agreement can be reached going to court may be unavoidable.
Any decisions made within mediation and conciliation are a form of mutual agreement but are not considered legally binding, except for in very specific circumstances.
On the other hand, decisions made by an arbitrator or an ombudsman are considered legally binding and will not require a court hearing.
Litigation if often considered one of the most expensive forms of dispute resolution. In many cases the losing party will pay the legal costs of the winning party, because of this it can become increasingly expensive.
Many people prefer to resolve disputes using alternate methods like mediation, and conciliation in order to avoid paying more if they lose in court.
Across the UK ADR is considered a type of dispute resolution that avoids court proceedings. Although it may not be effective for every dispute, many alternative dispute resolution methods can help those involved to find a solution swiftly and avoid further legal costs.
Our alternative dispute resolution experts can offer advice regarding:
When you use our domicile and residence service, we promise: