ADR (alternative dispute resolution)
Any way of settling a dispute without going to court, such as negotiation, mediation, adjudication or arbitration.
by Jack Butler-Kettle · About 1 min readShare
Further detail
Read this alongside the Pre-Action Protocol for Construction and Engineering Disputes.
Alternative dispute resolution describes several processes with different effects. Negotiation and mediation seek agreement, while adjudication and arbitration involve decisions by a third party. Choosing a process depends on urgency, enforceability, evidence, cost and the agreement between the parties.
Organising the disagreement through a Claim viability review can help identify a proportionate route. Check any contractual procedure before committing to a process.
Sources
- Pre-Action Protocol for Construction and Engineering Disputes, second edition. Ministry of Justice.