Advantages of ADR

Going through Court or Tribunal is not always the best answer. Cases can drag on and are generally expensive both in terms of legal fees but also in valuable time lost preparing for and engaging in litigation. ADR offers another route. It brings a number of advantages for both businesses and individuals who need to resolve disputes.

Speed

Most Court and Tribunal lists are backlogged. Even simple cases can take years to reach a final hearing. With the agreement of both sides, ADR can usually be set up far more quickly. Most forms of ADR such as Mediation, Arbitration or Early Neutral Evaluation (ENE) can be arranged and held within a matter of weeks. Resolving issues sooner helps each side move on with their lives and refocus on their priorities.

Privacy

Most Court and Tribunal hearings are open to the public. That means personal matters or business information can end up in the public domain. ADR is held in private. For anyone involved in a dispute, privacy and confidentiality can understandably be just as important as the outcome itself.

Cost

Litigation is expensive, and costs often spiral as the case drags on and ends up at Court or Tribunal, particularly if the case is complex, involving expert evidence, lots of paperwork or many witnesses. ADR is not without cost, but the shorter timetable and more focused approach usually mean lower legal fees. It also reduces the pressures of the costs uncertainty of running a case all the way to trial and not knowing what the outcome may be.

Flexibility

In Court or Tribunal proceedings the process and timetable are rigid, determined by the judge, procedural rules and availability. ADR gives both parties far more choice and flexibility to choose the type of resolution process most suitable to the issues. They can agree on the timetable, a mutually convenient venue, narrow down the issues in dispute, and decide whether the process is dealt with in person, online or a combination of both.

Preserving Relationships

Preparing for and attending Court or Tribunal proceedings is generally divisive and confrontational, leading to a polarisation between each side. They often end with one side winning and the other losing, leaving the relationship damaged beyond repair. ADR offers more scope to preserve working relationships, family ties or partnerships. Even where a dispute is unavoidable, the ADR process can make it less destructive to each side.

ADR isn’t right for every case, but where it is suitable, it gives more control, greater privacy and a quicker outcome than most Court or Tribunal proceedings.

Get in touch to find out if ADR is suitable for your dispute.