Alternative Dispute Resolution ... bite size

The most well known form of dispute resolution is litigation. However, litigation is  expensive, time-consuming and adversarial. There are many alternative forms of dispute resolution. These include: 

  • Arbitration 
  • Adjudication
  • Mediation
  • Conciliation
  • Expert determination

These forms of alternative dispute resolution are usually less expensive and quicker. Often they are private and non-adjudicative so ongoing business relationships can be preserved. 

The pre-action protocols contained in the Civil Procedure Rules all require parties to a dispute to consider whether alternative dispute resolution is appropriate. A party who refuses to enter into alternative dispute resolution may be penalised in costs if the matter proceeds to trial and they are successful. 

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