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Alternative Dispute Resolution ("ADR") has become an important alternative to litigation in recent years. The Courts may punish parties in costs if they have unreasonably refused to consider alternative dispute resolution at the outset of a dispute.
Guildhall Chambers now offers a range of Alternative Dispute Resolution services, in a variety of subject areas, either before or after proceedings have started.
These include:
Arbitration
This is an informal and flexible procedure. An arbitrator is selected by the parties or by someone not connected with the dispute. He or she will then give the parties a fair opportunity to present their evidence and arguments and will then reach a binding decision.
Adjudication
Providing a written decision in respect of any dispute referred within a short timetable, which will be binding on the parties until the dispute is finally settled or until a different decision is made by a judge or arbitrator.
'Facilitative' Mediation
A creative and flexible approach to dispute resolution, through a combination of presentations, meetings and negotiations overseen by the mediator. The aim is to facilitate agreement between parties by focussing on their interests and goals rather than 'trying' the merits of their dispute.
'Early Neutral Evaluation' Mediation
Where the mediator, on instructions and submissions from all parties, gives a realistic, balanced and non-binding view of the merits of the dispute at an early stage in the litigation process, also with the aim of facilitating agreement.