We have been advising on commercial and private legal disputes for more than thirty years. In that time we have seen a sea-change in the approach and attitude of lawyers and clients towards alternative dispute resolution (ADR). At one time there was an almost exclusive reliance on courts to decide the outcome of legal disputes. Attempts at mediation and other forms of ADR were seen almost as a way for parties to settle disputes when they lacked the confidence or funds to go to court. That’s no longer the case. In many respects litigation – whether in the High Court or elsewhere – is now seen as the least attractive option when it comes to resolving contentious legal matters of any complexity.
Below we discuss the reasons for this shift in emphasis and illustrate why ADR might be right for you.
Why Do People Use ADR?
At Nath Solicitors we encourage people to use ADR in many cases. Here’s why:
- With the courts under pressure as never before and the knock-on increase in delays to hearings and court fees, finding a clean, quick resolution through the courts that removes uncertainty is fraught with difficulty. ADR can often offer a speedier and cheaper way to settle your dispute.
- ADR is, for the most part, a private process. Unlike court hearings that can be reported in detail, sensitive commercial information can be protected and business and personal relationships can more readily be preserved following ADR.
- In certain types of dispute, particularly financial disputes, there is settled case law that requires parties to attempt some form of ADR before resorting to the courts.
- A raft of government polices positively encourages ADR over traditional litigation. A report by the Civil Justice Council in 2018 recommended that the starting point in any dispute should be one where formal ADR should be attempted before a court trial could be scheduled.
- Pre-action protocols in England and Wales mean you must now show the court that you have considered ADR before you begin your case. If you don’t you could face heavy cost penalties even if you ultimately win your court case.
- Many standard contracts now require each party to consider any request by another party to use mediation, for example The Joint Contracts Tribunal (JCT) standard building contract.
Our approach to ADR is based on the fact that commercial legal disputes cause inevitable disruption to businesses – no matter how strong the case. Our goal is to minimise that threat. For individuals involved in civil cases the stress and toll a long-running dispute can have personally is hard to underestimate. In many cases – not all – ADR can provide parties with a platform to resolve differences in a more constructive and positive way.
Contact our Litigation & Dispute Lawyers London
We advise on all forms of ADR and our cases cover commercial as well as private disputes involving individuals. For more information please contact director Shubha Nath at Nath Solicitors on 0203 983 8278 or contact the firm online.
