Alternative dispute resolution in business
Explore how we help businesses with their legal requirements when disputes arise.
Contact our teamAlternative 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.
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.
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.
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.
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
Our team of dispute resolution solicitors
Andrew Reid
Senior associate | Business dispute resolution, Professional negligence
Daniel Baker
Senior associate | Sports law, Debt recovery, Business dispute resolution
Esther Millard
Senior associate | Business dispute resolution, Professional negligence
Ben Millward
Senior associate | Sports law, Debt recovery, Business dispute resolution
Rachel Hetherington
Associate | Business dispute resolution, Dispute resolution
Charlie Ellison
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.
