Types of ADR
- Mediation: a neutral mediator helps the parties negotiate a settlement. It is voluntary and confidential, and widely used in family, workplace and commercial disputes.
- Arbitration: an arbitrator makes a binding decision, often in commercial, construction and international disputes, and sometimes in family finance cases.
- Adjudication: a quick, interim decision used mainly in construction payment disputes.
- Early neutral evaluation: an expert gives a non-binding view on the likely outcome.
Why consider ADR?
ADR is usually quicker, cheaper and more private than court, and it gives the parties more control over the outcome. Courts expect parties to consider ADR, and can penalise an unreasonable refusal to take part.
Questions to ask a mediation & arbitration solicitor
- How many cases like mine have you handled recently, and who will do the work day to day?
- How do you charge (hourly, flat fee or contingency), and what will the total be, including expenses?
- What are the main stages, risks and likely timescale?
Frequently asked questions
Is a mediation agreement legally binding?
A settlement reached at mediation becomes binding once it is written down and signed, or (in family cases) made into a court order.
Can I appeal an arbitration award?
Only in limited circumstances. Arbitration is designed to be final, which is one of its advantages.