Alternative dispute resolution (ADR) is a process that allows you to resolve a dispute without the need of going to court. If you have found yourself in a dispute, whether it be with a family member, neighbour or a business. ADR can help you to find an alternative solution to the court process. To find out the different types of ADR and where to go next, carry on reading.
What Types of Alternative Dispute Resolutions are Available?
There are currently four main types of alternative dispute resolution for solving a problem you might be having:
ADR processes are carried out by independent third parties that hold the position of the middleman between you and the person or company you are in a dispute with. It is important to note that mediation is not legally binding unless a signed mediated agreement is put into place.
What is Mediation?
In the mediation process, a mediator will be elected to help the parties involved in a dispute focus on the issues at hand and consider the best solution to solving the problem. Both sides of the dispute will be taken into consideration, to try to find a common ground for all the parties involved. The role of the mediator is not to decide on behalf of the parties, but to help both sides reach an agreement regards a mutually acceptable settlement figure/position.
Van Eaton Solicitors in London understands the crippling effect that commercial disputes can have on a trade/business. We have worked with a variety of businesses. From sole proprietorships, shopkeepers, and other owner-managed businesses to medium-sized corporations. A commercial litigation solicitor can quickly assess the consequences of a commercial disagreement for your company. We also offer objective and practical advice to clients who are going through a divorce or separation. We assist in reducing the acrimony and stress that can accompany a difficult time for all parties.
Implementing an Alternative Dispute Resolution
Only after you’ve tried to settle matters peacefully with the party with whom you are disagreeing may you seek the assistance of alternative dispute resolution. This means that if you are going through a dispute with a company, after going through the company’s customer service and internal complaints procedures, you should have come to a standstill with them.
If you have tried everything else and are still having trouble, ADR may be able to assist you. While firms are not obliged to participate in ADR schemes, practically all businesses that sell directly to consumers are required to refer you to a qualified ADR scheme if they are unable to resolve a disagreement in-house. They must also state whether they are willing to participate in such an arrangement.
It should be noted that Courts can penalise parties for not engaging in mediation/arbitration processes and who just seem hell-bent on litigating.
How We Can Help
At Van Eaton Solicitors in London, we act for individuals and small businesses who want an alternative dispute resolution. If you or your business is involved in a dispute or you wish to pursue a claim on behalf of your business, contact us online or by phone on 0208 769 6739 to arrange an appointment.