Alternative dispute resolution lawyers
Explore how we help businesses with their legal requirements when disputes arise.
Contact our teamOur alternative dispute resolution lawyers are highly skilled in employing a full range of techniques to resolve disputes effectively.
Beyond the courtroom, we have an established record of success in mediation and other forms of Alternative Dispute Resolution (ADR), helping clients achieve practical, cost-efficient outcomes.
Many members of our litigation and arbitration teams are also trained mediators, giving them valuable insight into the process from every angle. Our firm has long championed the use of mediation and continues to promote it wherever it serves our clients’ best interests.
We have extensive experience managing mediations across a wide range of business and commercial disputes for both claimants and defendants. Our expertise covers matters such as contract breaches, partnership and shareholder disputes, professional negligence claims, commercial property disagreements, and financial or regulatory issues. Whether the dispute involves individual professionals, corporate entities, or multiple parties, our team provides strategic guidance to help clients achieve fair, efficient, and commercially sensible resolutions.
Alternative ways of resolving disputes
- ADR offers a range of methods, including mediation, arbitration and adjudication.
- These are either used instead of litigation or as well as litigation.
- Our business dispute lawyers have extensive experience of ADR and will advise on the best approach for you.
What is alternative business dispute resolution?
Alternative business dispute resolution refers to methods of resolving disputes between businesses outside of traditional litigation, such as mediation, arbitration, and negotiation. These methods are often faster, less expensive, and more flexible than going to court, and can help parties reach mutually beneficial solutions.
What are the main alternative dispute resolution methods for businesses?
Mediation
This is a voluntary process in which a mediator (an independent third party) will help the parties reach a negotiated settlement. The process is confidential. Also, the process allows the parties to reach a solution that a court or arbitrator could not impose. Mediation often has the benefit of enabling the parties to maintain their business relationship. You can choose to mediate instead of going to court/arbitration, or you can have a mediation at any stage of the court/arbitration process.
Mediation is typically a swift and cost-effective way to resolve disputes without the stress and uncertainty of litigation. The mediator facilitates open communication and helps each party understand the other’s perspective, guiding them towards a mutually acceptable agreement. While the mediator does not make a binding decision, any settlement reached can be formalised into a legally binding agreement if both parties consent.
Mediation can be used in a wide range of business and commercial disputes, including partnership disagreements, contract issues, and shareholder conflicts. It offers flexibility, discretion, and a focus on practical solutions that preserve valuable commercial relationships.
Arbitration
Arbitration can offer significant benefits, including the ability to appoint an arbitrator with suitable expertise to deal with the dispute. This is especially useful if your dispute has a technical element. Arbitration is also private, so it helps keep your dispute out of the public domain.
In arbitration, both parties present their cases to the appointed arbitrator or panel of arbitrators, who will make a decision (known as an “award”) that is final and legally binding. The process is governed by the Arbitration Act 1996, which ensures fairness, independence, and flexibility.
Arbitration can be tailored to the parties’ specific needs — for example, choosing procedural rules, language, and location. It is widely used for commercial, construction, and international disputes, offering a level of confidentiality and expertise often unavailable in court proceedings. Enforcement of arbitration awards is also straightforward, both in the UK and internationally, under conventions such as the New York Convention.
Expert determination
Parties to a contract can agree to appoint an expert to determine the dispute. The expert’s decision is final. This is another useful approach for technical disputes. Expert determination is less flexible than mediation, but is generally quicker and cheaper than litigation or arbitration.
Expert determination is particularly effective where the dispute centres on a specific technical or valuation issue, such as the calculation of financial figures, property values, or engineering standards. The appointed expert is usually a specialist in the relevant field and is empowered to make an independent, objective decision based on their expertise.
Because the process is informal and focused, it tends to save time and reduce costs compared to other dispute resolution methods. Although the expert’s decision is binding, the procedure can often be agreed contractually to ensure clarity on scope, fees, and timelines, providing businesses with certainty and efficiency.
Adjudication
This is frequently used in construction disputes. It is a ‘pay now, argue later’ mechanism. It is designed to prevent one party coercing the other into an unfair settlement by withholding payment.
Adjudication provides a swift and practical means of resolving payment disputes in the construction and engineering industries. It is a statutory right under the Housing Grants, Construction and Regeneration Act 1996, allowing either party to refer a dispute to an adjudicator at any time.
The adjudicator must usually reach a decision within 28 days, helping to maintain cash flow and keep projects progressing. While the adjudicator’s decision is temporarily binding (and can later be reviewed through arbitration or litigation), it is immediately enforceable. Adjudication has become a cornerstone of modern construction dispute management, offering speed, efficiency, and fairness in situations where delay could have significant commercial consequences.
Contact us
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and offer specialist support and expert advice nationwide.
Contact our dispute resolution team
Frequently asked questions – alternative dispute resolution
Do I need a solicitor for ADR?
While you don’t legally need a solicitor for ADR, having one can be highly beneficial. A solicitor can protect your interests, prepare your case effectively, and guide you through the process to achieve the best possible outcome.
Is ADR faster than going to court?
Yes. ADR is generally much faster than going to court. Processes such as mediation or arbitration can often be completed in weeks or months, whereas court proceedings may take many months or even years to reach a resolution.
Our team of dispute resolution solicitors
Susannah Marsh
Partner | Financial Services Litigation, Real Estate Finance
Andrew Reid
Legal Director | Business Dispute Resolution, Professional Negligence
Esther Millard
Legal Director | Business Dispute Resolution, Professional Negligence
Ben Millward
Senior Associate | Sports Law, Debt Recovery, Business Dispute Resolution
Rachel Hetherington
Senior Associate | Business Dispute Resolution, Dispute Resolution
Commercial disputes legal guide
Explore our brief guide to commercial dispute resolution and discover how we can help you and your business.
