Legal disputes can arise in many situations, and it is undeniable that they can create considerable stress for those involved and their loved ones. Settling a dispute in court via litigation, whereby a judge decides the case in court, can also be costly and time-consuming, and the UK government encourages routes of alternative dispute resolution (ADR) in any cases that allow so.
ADR can be invoked for disputes one may have with a neighbour, a family member, ex-partner, or any other form of relationship or partnership. It can also be used in cases relating to business, trade, and commerce, and some claims for accidents and negligence.
ADR however is not suitable to settle cases related to serious and specific allegations of fraud, criminal offences, or any cases which involve the protection of courts.
Advantages of ADR
Depending on the case in point, ADR can offer certain advantages over other forms of dispute resolution:
- Quicker: While bringing a claim to trial can take years, ADR can resolve a dispute within a matter of months or weeks
- Costly: ADR is far less costly as it avoids court fees and litigation expenses
- Flexible: It offers more flexibility and control over the process and outcome
- Hostile: ADR takes a less adversarial approach to resolve a dispute which may help to preserve a relationship between the claimant, defendant, and any other parties
Disadvantages of ADR
Before choosing which route to take, you should weigh up your needs and outcomes and consider any disadvantages:
- Resolute: While decisions in court can be appealed and tried, decisions made via arbitration, for example, cannot be appealed and decisions are final
- Disclosure: While the litigation process requires disclosure, in which each party is required to make available to the other party any documents or evidence relevant to the dispute, ADR does not have an equivalent
Types of ADR
RHL Solicitors does not provide a “one size fits all” service, and instead throughout the process, you, your aims, and your needs will be at the heart of the service we provide.
There are various routes of ADR that you can consider:
Mediation is the most frequently used form of ADR, whereby a neutral mediator is appointed to assist the two parties in the pursuit of common ground. The benefits of mediation are that it is suitable for the vast majority of disputes and takes a less formal approach, where the mediator helps to discuss the parties’ issues in a less volatile, confidential manner until an agreement is met.
This is a method where an arbitrator is nominated by the parties to make a decision on the dispute. A more formal process than mediation, arbitration is handled and resolved by the arbitrator and the final decision is binding. A benefit of this process is the increased element of privacy and confidentiality which means it can be a suitable route for more complex and technical cases.
Our goal at RHL Solicitors is to help make your life easier when it comes to legal support, while providing you with an exceptionally high standard of care.
We don’t just try to reach a settlement for you; we help to resolve legal disputes and achieve the very best outcome by tailoring our advice to your own individual needs.
If you seek the advice and service of specialist legal experts with decades of experience, contact our team who will be more than happy to discuss your matter further.
RHL Solicitors will have no delays or waiting times in advising you on your situation and will be quick to get you the support and care you deserve.