Alternative Dispute Resolution: Avoiding Courtroom Battles

Alternative Dispute Resolution (ADR) encompasses a range of methods for settling disputes without the need for the parties to go to court. These include negotiation, mediation and arbitration.

Courts are increasingly insisting that parties should attempt ADR first or risk being penalised later on.

ADR can be a quicker, cheaper, more flexible and informal method of settling disputes in many fields, from commercial contracts (where it may be vital to maintain a business relationship) to boundary disputes (where freedom to negotiate can result in a settlement that is acceptable to both parties).

It is increasingly common to specify ADR in any contract as the first port of call in a dispute and parties frequently use ADR either before or during court proceedings to help narrow issues and find common ground.

ADR has real teeth in some situations, with parties legally bound by the agreement reached. Courts too will take a dim view of a party that could have settled a dispute through ADR but unreasonably refused. That said, the process is largely voluntary and discussions are confidential, ‘without prejudice’ and off the record until a judge decides who has won or lost.

ADR is now a vital step in any dispute, not just an attractive option. It provides genuine opportunities to settle your dispute proportionately and without the formality, cost and delays of court proceedings.

Verisona Law offers ADR and ADR representation as part of its services. If you would like to discuss this or your commercial dispute more generally, please contact us. 

Contractual disputes

  • Breach of contract
  • Trade disputes
  • On-line traders
  • Supply of defective goods/services
  • Claims under personal guarantees
  • Debt & asset recovery

Property disputes

  • Ownership disputes
  • Development disputes
  • Option agreements
  • Boundary disputes
  • Adverse possession
  • Easements
  • Rights of way
  • Enforcing securities
  • Charges
  • Restrictions & encumbrances
  • Land Registry applications
  • Property/estate management
  • Service charges

Construction disputes

  • Payment/certification disputes
  • Building defects
  • Sub-contractor disputes
  • JCT, NEC, RIBA & similar design/build agreements

Landlord & Tenant disputes

  • Rent arrears
  • Guarantor’s liability
  • Forfeiture/termination
  • Recovering possession
  • Dilapidations
  • Protected lease renewals
  • Breach of covenant
  • Disrepair claims
  • Unlawful assignment/sub-letting
  • Break clauses
  • Rent reviews

Professional Negligence

  • Solicitors
  • Surveyors
  • Accountants
  • Architects
  • Liquidators
  • Administrators & receivers

Recruitment disputes

  • Recovery of recruitment fees
  • Disputed cause of introduction
  • Candidate suitability
  • Dual introducers
  • Conduct of Employment Agencies and Employment Businesses Regulations 2003

Shareholder/partnership disputes

  • Ownership and transfers of equity
  • Unfair prejudice claims
  • Derivative actions
  • Partnership dissolution & winding up

Financial Mis-selling

  • Bank mis-selling
  • SWAPS/LIBOR claims

Protection of Intellectual Property rights

  • Domain name disputes/cyber squatting
  • Passing off
  • Breach of confidentiality
  • Copyright and trademark infringement

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