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:
- 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.