Alternative dispute resolution

Disputes in England are usually adjudicated after an adversarial process, either by a judge or by an arbitrator. Litigation is governed by wide-ranging and detailed rules that almost invariably make it a complex, time-consuming and expensive process. Very often, arbitration is conducted on a similar basis and so suffers similar drawbacks.

Alternative dispute resolution (ADR) embraces a range of options, falling between litigation and arbitration on the one hand and negotiation on the other, for the effective resolution of disputes.

These options include mediation, expert determination, adjudication and early neutral evaluation. Mediation is by far the most frequently used option…

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