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Alternative Dispute Resolution
Sometimes the last thing you need is an expensive lawyer…
Litigation can be time-consuming and costly and even a trial win may not be the best way to resolve disputes. It is for this reason Plexus has developed real expertise in alternatives to litigation for clients.
Alternative Dispute Resolution (ADR) is the collective name given to several methods of dealing with disputes without the expense and formality of going to court. The most frequently used forms of ADR are:
- Mediation
- Negotiation
- Neutral evaluation or adjudication
The Civil Procedure Rules (CPR) which came into force in 1999 were designed to improve access to justice by making legal proceedings cheaper, quicker and easier to understand for non-lawyers. Under CPR, parties are obliged to inform the court that they have considered some form of ADR and judges will generally penalise recovery of costs if reasonable steps have not been taken to use ADR before commencing court proceedings.
ADR is often preferred by clients as it is likely to be both cheaper and quicker than contested court hearings. Procedures are without prejudice and confidential, which means that they may be useful in resolving disputes on matters which are themselves confidential. If successful, ADR avoids the risk of the dispute progressing into litigation, or to a full blown trial. Even if unsuccessful, concessions made during ADR cannot be shown to the court.
ADR brings disputes to a close on terms that both parties chose and agree upon, rather than on terms handed down by the court.
Plexus lawyers are experts in all forms of dispute resolution and are well placed to recommend the best process to suit our clients’ particular needs.
