Alternative Dispute Resolution

There are a number of alternatives available to individuals who do not wish to go to Court. These are often known collectively as ‘ADR’ or Alternative Dispute Resolution.

The most popular of these alternatives is mediation, either in a family or a civil context, both of which are offered by Rawlison Butler LLP through RB Solve.

Civil Mediation

A Civil Mediator is an independent third party whose job it is is to try and get the two parties to reach agreement. As such, mediation is voluntary and the decisions are only binding if both sides wish them to be. It is available in a wide range of areas from small civil disputes to large commercial disputes. Mediation typically lasts a day and involves a certain amount of face to face contact at a neutral venue. If proceedings have already started, any agreement can be turned into a binding Court Order. Mediation has a high success rate and is growing in popularity as an alternative to litigation in view of the fact that it is considerably cheaper, quicker and a more flexible alternative to Court proceedings.

Family Mediation

Both parties meet together in an informal and relaxed setting with a neutral third party Mediator to discuss matters relating to their children or the division of financial assets. The Mediator offers expert impartial assistance based on extensive involvement in matrimonial settlements. Often several meetings (of approximately 90 minutes each) are necessary to reach a conclusion. At this stage, both parties consult a separate Solicitor in order to formalise the agreement and avoid the cost and acrimony of contested family proceedings.

Other ADR Options

There are a number of other options for resolving disputes without going to Court. Arbitration is like a Court hearing except that an independent third party hears both sides of the dispute and decides how to resolve it. Adjudication is similar to arbitration except that the independent expert is not bound by Tribunal rules. Early neutral evaluation is where an independent expert hears both sides of the case and gives a non binding opinion.

If you would like more information as to alternative means of resolving disputes, please contact info@rawlisonbutler.com