Types of Alternate Dispute Resolution

There are several types of alternate dispute resolution we at Altion Law would recommend to be considered. Please see these below:

What Types Of Alternative Dispute Resolution Are Available?

1. Negotiations:

Before any of the more formal procedures are initiated, there may be a period of negotiation. This is where the parties attempt to resolve their differences, with types of alternate dispute resolution. This might be the best solution to the problem.

2. Mediation:

If negotiations fail then the parties may submit to mediation services. This will try to help the parties to reach an amicable solution by talking through the issues.

These are voluntary, usually free, and can be initiated by any of the parties. Mediators are trained to be impartial.

The route of mediation tends to be commonly used to resolve disputes.

The Technology And Construction Court Guide

Provides guidance that the Court should encourage parties to use alternative dispute resolution (ADR). This in most cases, will be mediation. This will have introduced cost sanctions against parties. The parties that refuse to resolve a dispute through mediation, where it would have been clearly in the interest of the parties.

The Pre-Action Protocol For Construction And Engineering Disputes

Requires parties in dispute to meet. This should be at least once before litigation commences. It can be to discuss whether some form of ADR, such as mediation, would be a more appropriate means to resolve the dispute.

Advantages Of Mediation

The mediator will be an independent person. They will not make a decision, judge or advice. However, will facilitate discussions between the parties, with the aim of resolving the dispute. This is another example of the types of alternate dispute resolution needing to be tried. Mediators are generally highly experienced in the area of the dispute, and may even by TCC judges.

Advantages of Mediation:

  • Can help maintain a long term business relationship.
  • Is relatively quick to arrange, with mediations usually lasting 1-2 days.
  • Usually considerably less costly than litigation.
  • Everything that happens in mediation is confidential.
  • A mediator will encourage the parties to find a solution to the dispute which will suit both the parties’ needs.

There can be however disadvantages of using mediation. For example if the parties do not come to an agreement, the dispute will remain unresolved. Then the cost of mediation will have been wasted.

 

At Altion Law are specialists at advising and representing parties in a Contractual Dispute relating to a Construction Project.  If you would like to have a confidential discussion with a member of our team, please complete our Contact Us Form. We will call you back at a time that is suitable for you, or you can contact us directly on 01908 414990.