Alternative dispute resolution (ADR)

Litigation isn’t always the most cost-effective approach to solve a dispute. Alternative dispute resolution (ADR) is increasingly used to reach a quicker and less costly solution in suitable cases.  

What we do for you

The experienced litigation team at Napthens can support on a range of resolution pathways, including:

‘Without prejudice’ negotiations

Negotiation can happen at the door of the court. The same principles can, however, be applied at the outset of any dispute.

We will discuss the strengths and weaknesses of your position and advise you upon the terms of an appropriate compromise.

These negotiations can take place through discussions, correspondence or by getting everyone around the table for a ‘joint settlement meeting’ to help you achieve the best possible resolution.

Read more about the ‘without prejudice’ label in this article.

Mediation

Mediation involves engaging a professional mediator. For cases on the ‘small claims track’ (valued under £10k), this will form a part of the court proceedings.

You’ll be in one room – the other side in another. The mediator will move between the two to try and find common ground and a resolution.

Arbitration

Commercial contracts will often include an arbitration clause. Arbitration is a private but equally binding for of dispute resolution. It is similar to litigation but instead of a judge an arbitrator reaches a biding decision which is final.

There are very limited opportunities to challenge an arbitration award, which means this procedure offers certainty as well as confidentiality.

Expert determination

Like arbitration this form of dispute resolution may be chosen by the parties. In their contract it will refer a dispute to an expert in a particular field, for example, valuation of shares or other assets.

It is usually dealt with on paper, whereas arbitration often involves oral submission before the arbitrator. Like arbitration this process is confidential and final.