Alternative dispute resolution (ADR)
Options such as mediation or arbitration can help avoid the stress and cost of going to court. Our specialist team can help find the right alternative dispute resolution solution for you.
Overview
Mediation and arbitration solicitors
When most people think of disputes, they think that going to court will be necessary. Increasingly, however, disputes are being resolved in other ways. When you come to us with a dispute, we will think about the options which are available and discuss them with you.
Resolution by negotiation or mediation can offer advantages over a traditional court based approach. In particular, creative resolutions can be achieved at mediation as the parties can craft their own legally enforceable settlement without having a decision imposed upon them by a third party such as a judge. Mediation also offers the ability for a fast and confidential outcome.
Arbitration has become increasingly popular since the coming into force of the Arbitration (Scotland) Act 2010. Like mediation, it offers a confidential resolution. The arbitrator is often appointed because of his or her expertise in the area in question.
Adjudication is a specialist form of dispute resolution which may also be available in certain construction disputes. We can advise you on which of the options best suits your needs.
Key contacts
THE TEAM
Our dispute resolution team has extensive experience of acting in mediations and arbitrations relating to a wide range of subject matters such as building disputes; shareholder disputes and disputes relating to property rights.
FAQS
Common questions about ADR
What are different types of ADR?
Answer
When people speak about ADR they are usually thinking of mediation or arbitration although, technically, any type of non-court resolution might be called ADR.
Mediation is a process of managed negotiation where the mediator facilitates a settlement which parties are not able to reach themselves.
Arbitration is commonly employed where parties have a pre-existing agreement such as a contract or something in their title deeds which obliges them to go to arbitration rather than court.
What are the advantages of ADR?
Answer
Mediation tends to be quicker than court and is confidential. At mediation, the parties themselves can play a bigger role in the process than in court where they tend to be reliant upon lawyers.
Parties often report greater satisfaction with the outcome of a mediation than other methods of dispute resolution.
The main advantage of arbitration is that the arbitrator selected can be an expert in the relevant field such as an architect or accountant and so he/she will have a better grasp of technical issues arising than a judge might. Arbitration is also, unlike court, confidential.
Is ADR legally binding?
Answer
Yes. Although the mediator does not impose any binding decision upon the parties to a mediation, if parties reach an agreement at the conclusion of the mediation, it is immediately recorded in a legally binding agreement.
Arbitrator’s decisions (known as Awards) are legally enforceable through a reasonably simple court process.
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