Alternative dispute resolution
At Libra Solicitors, we believe that using an alternative dispute resolution (ADR) process can on occasion, be a more suitable and effective alternative to civil litigation when trying to resolve a dispute. ADR is generally a cheaper option than litigation and is particularly useful in finding a positive solution when the disputing parties want to continue their business relationship.
In addition the courts, through the Civil Procedure Rules, place a positive obligation on all parties to consider using an ADR process before commencing litigation. If you are involved in a dispute and would like a confidential discussion and clear, practical advice in respect of the options that might be available to you, call us today on 01223 632420 and arrange an appointment.
How we can help
If your business is involved in a commercial dispute, we suggest that you talk to us. Our focus is on helping you achieve a positive outcome and our expertise could help you attain it. Once we have considered the circumstances involved in the dispute and taken your instruction in respect of your objectives, we will advise you of your options.
We can review contracts and advise you as to whether you are obligated to participate in ADR. If you are obliged, but the contract does not stipulate which ADR process should be used, or if there is no clause in the contract at all, we can help you determine which ADR process is most suitable for you for to use.
If you are contractually obliged to participate in ADR and a specific ADR process is identified, we will guide you through the process and assist you in any negotiations or adjudicative processes that take place. We will ensure that your objectives are identified and prioritised, and we will use our expertise to anticipate the position of the other party.
In situations where there is no contractual obligation to resort to ADR, we can advise you on the potential benefits and any disadvantages of entering into dispute resolution, and also the timing of such a decision. At all times we will be aiming to secure the best possible outcome for you. If at any point it becomes apparent that continuing with ADR is not in your interests, we can advise you accordingly and commence or resume litigation on your behalf.
There are a number of different ADR processes that businesses can use. Each has attractive qualities that could bring about a positive outcome, but some may be more suitable to use in certain situations than others.
Mediation for example, has the advantage of being relatively inexpensive but would not be suitable if the parties involved want an outcome that is binding on all parties.
For a confidential discussion about the issues that often arise if you are involved in a business dispute, call us on 01223 632420 and arrange an appointment.
Some general characteristics of ADR
Each ADR process has distinct qualities but some of the general features are listed below:
- ADR is usually cheaper and quicker than litigation
- It is voluntary and both parties need to agree to participate in ADR
- ADR is actively encouraged by the courts
- It tends to be less adversarial than litigation and so can assist in maintaining business relationships
- The processes are solution-orientated
- With the exception of adjudication and arbitration, the parties remain in control of settling the dispute, allowing them to come to a commercially-minded solution that might not be available to the court
- In some circumstances ADR may not be appropriate, for example, in a situation where there is an urgent requirement for interim relief and it is not advisable to alert the other party
We can also help you avoid costly litigation when we draft your new contracts or review your existing agreements, by ensuring that the right ADR clauses are incorporated in them. Given the confidential nature of some ADR processes, this can help to protect the reputation of your business and preserve the valuable commercial relationships that your business will have built up over time.
For a confidential discussion about your contract needs and how our expertise can help you, call us now on 01223 632420 and arrange an appointment.