Alternative Dispute Resolution Manchester: Expert Help

What is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution, Manchester, refers to different forms and avenues of private resolution methods for parties to partake in to attempt to resolve a dispute. The specific method chosen will depend on the dispute at hand, as well as the preferences of the parties involved. In some circumstances, contracts between parties will have a clause specifying the type of dispute resolution method that is to be used if a dispute arises.

ADR is often the first course of action for most disputes due to its cost-effective nature. Additionally, it can be much quicker than instigating court proceedings.

At AFG Law, our alternative dispute resolution solicitors have many years of experience in assisting disputing parties in coming to a solution through these alternative methods. Our team can facilitate alternative dispute resolution proceedings and provide specialist legal advice tailored to your situation. Whether your dispute revolves around professional negligence, contract breaches or employment disputes, our solicitors can help. Please contact us today to find out more information.

Forms of ADR

Parties have a number of options available to resolve their dispute using alternative dispute resolution.

Negotiation

Negotiation is typically the first avenue parties attempt when trying to solve their dispute. It is the most informal and most efficient way of reaching a solution if all parties are open to it. Parties and their legal representatives partake in informal discussions, in either writing or face to face, to try and find a resolution. Negotiations can also be carried out on a ‘without prejudice’ basis, meaning that any statements made during negotiations cannot later be used in court against either party. This can allow for more open discussions.

Mediation

Mediation is often the next method if negotiations break down or are not suitable. In mediation, a neutral third party (the mediator) facilitates the discussions between the parties to help them reach a mutually agreeable solution. A mediator is specially trained and can oversee disputes on a wide range of topics. The cost of mediation is often significantly less than if parties went to court, and it is important to note that courts often expect parties to have at least attempted mediation before progressing to more formal litigation.

Arbitration

Arbitration is more suited to parties who wish to come away from discussions with a formal and legally binding decision. An Arbitrator is similar to a mediator, but they differ in that an arbitrator is typically an expert in the field or topic of the dispute. The arbitrator acts in a quasi-judicial capacity to determine the issues in dispute and make a final decision based on the evidence presented by the parties. A decision will be made by the arbitrator based on the evidence and arguments presented by the parties, and this decision will be legally recognised by the Courts in England and Wales. Though arbitration is more costly than mediation, it is still quicker and less expensive than formal court proceedings.

Adjudication

Adjudication provides a practical solution, often agreed upon at the outset of the contract, allowing disputes to be referred to a third-party adjudicator for a prompt decision rather than resorting to costly and time-consuming court proceedings or terminating the contract altogether.

Adjudication is typically a swift process. An adjudicator is appointed, receives evidence from both parties, may convene a hearing, and issues a decision usually within 28 days. This makes adjudication particularly suited to disputes involving narrow or clearly defined issues where both parties wish to preserve and complete the remainder of the contract. It is especially valuable where a quick resolution is needed to allow the contractual relationship to continue without significant disruption.

Expert Determination

Expert determinations involves in independent expert in the field of issue/dispute who will make a decision based on their expertise and specialism in the field. It is typically used in situations where expert knowledge is more valuable than legal interpretation.

Early Neutral Evaluation

This avenue explores and evaluates a party’s case and provides specialist insight and opinion on the strengths and weaknesses of the case if the party proceeds to court. This is an early insight for parties to understand their standing at the outset of a dispute.

Benefits of Alternative Dispute Resolution, Manchester

Alternative dispute resolution, Manchester offers parties several advantages over traditional litigation. The main benefits for parties typically revolve around both cost and time efficiency.

Litigation can often take months or even years to come to an end point, and so routes such as negotiation, mediation and arbitration offer parties the chance to resolve issues swiftly and allow them to move forward in their business operations.

Additionally, unlike court proceedings, ADR is private and confidential. As such, it helps businesses protect any sensitive business information and their reputation.

How can AFG Law assist?

Our team of professionals can help facilitate alternative dispute resolution in Manchester and provide comprehensive support to businesses facing commercial disputes, offering expert legal guidance to protect their interests and resolve conflicts efficiently.

We are committed to helping clients explore cost effective resolution strategies that avoid the stress and expense of drawn out litigation. Our specialist alternative dispute resolution team in Manchester recognises the importance of resolving matters swiftly and efficiently. We offer tailored advice and practical support across a wide range of disputes, helping clients reach timely and effective outcomes.

If you would like more information on alternative dispute resolution in Manchester or wish to speak to a member of our dispute team, then please do not hesitate to get in touch with us today. We can be contacted via email at disputeresolution@afglaw.co.uk or you can call us on 01204 920102.

For more information on our ADR service, please go to our main page here.