Alternative Dispute Resolution FAQs

November 3, 2016

Alternative Dispute Resolution Bristol

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Alternative Dispute Resolution

Alternative Dispute Resolution Bristol

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR) refers to the various methods of resolving conflicts without the need for court proceedings. Its most common form is mediation, with conciliation being another viable option. The involvement of a neutral third-party is integral to these procedures which aim to encourage and facilitate a mutually beneficial solution to the issues at hand.

Mediation is typically the principal method employed in ADR. In this process, a mediator strives to help all involved parties consider their commercial and personal interests instead of just their legal rights. The objective is to reach a legally-binding agreement that satisfies both sides while retaining confidentiality throughout.

When is ADR particularly suitable?

ADR is generally a cheaper and faster alternative to court proceedings. The confidentiality of ADR is particularly valuable in cases dealing with confidential or sensitive matters. Additionally, parties seeking to maintain a continuing relationship would find mediation especially useful as it aims to create an outcome that benefits all stakeholders.

It is customary for judges to encourage ADR usage prior to deciding whether to proceed with court proceedings under the Civil Procedure Rules.

What are the principal advantages of using mediation?

The use of ADR can speed up settlements within a shorter timeframe compared to court proceedings. Mediated solutions also produce outcomes that satisfy all parties, which is often preferable to solutions obtained through court proceedings. Parties can come out of the process with an apology or a renewed relationship that is more cooperative than before.

Confidentiality is key to the mediation process, enabling parties to avoid unwanted attention from external parties, such as the press.

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