Paul Sullivan, Managing Partner
Alternative Dispute Resolution, alsoknown as ADR, is a tool to try to resolve disputes before they escalate and endup in court. ADR was developed to try to relieve some of the pressure on acourt system already straining at the seams.
ADR is used in many different types ofdisputes from divorces to commercial disputes and has many differentapplications. Essentially though, it is made up of a number of different waysto resolve the dispute you are facing. The three main types are mediation,conciliation and arbitration. All of them have slightly different applicationsand some disputes are more likely to use one type of ADR than the others.
Mediation– In this form of ADR, both parties must agree to take part in the process orit cannot take place. A mediator will facilitate a discussion with both partiesand will try to get to a point where both individuals have gained something andcan agree to end the dispute. Mediation will be more cost effective than goingto court and it will also be quicker, but you should be aware that any agreementreached in mediation may not be legally binding.
Conciliation– This is now being used beforeemployment law disputes go to Employment Tribunal. Conciliation focuses on bothsides coming to a resolution themselves, rather than the conciliator suggestingways to resolve it. Any agreement reached at this stage would be legallybinding but if it doesn’t work, you still have options open to you. Again,conciliation will be faster and cheaper than going to court, but if it doesn’twork out, you will have to bear those costs and any additional costs to resolveyour dispute.
Arbitration– More commonly used in commercial disputes, an arbitrator acts like a judgewould in court and decides between both sides. The outcome is usually legallybinding and both parties will agree this prior to the arbitration. This processis less formal than a court hearing would be and the outcome is a legallybinding agreement. However you cannot force someone to take part inarbitration, so if they will not participate you may be left with no option butto litigate.
It will be a difficult decision to takesomeone to court because of the financial implications and the time involved,however this may be the only method left to resolve yourdispute.
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