Alternative Dispute Resolution

Alternative dispute resolution professionals are impartial and all information about the process will be explained simply to the client. A barrister representing you will ensure the effectiveness of the settlement procedure and encourage both sides to co-operate, yet make them aware that it is within their rights to withdraw at any time.

There are two types of alternative dispute resolution, mediation and arbitration. Trained barristers can act as mediators or arbitrators. They can also represent parties in each as well. There are important differences between the two systems.

Mediation: Both parties involved in the dispute agree to use a neutral third party to help solve the dispute. The terms of the agreement are decided between the parties with the help of the mediator. Generally, decisions made in mediation are not legally binding but they can be made so if both parties agree to it. Search for a Mediator

Arbitration: Both parties involved in the dispute agree to go to an arbitrator to resolve issues. The decision of the arbitrator is legally binding and the process is governed by law (Arbitration Act 2010). You can represent yourself but you may benefit from legal representation if a dispute is taken to an arbitrator. Some contracts will have clauses in them directing the parties to arbitration. Search for an Arbitrator.