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:
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.
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.