What is ADR?
Alternative Dispute Resolution (ADR) is a growing trend in the modern legal climate. Parties in dispute are encouraged to use methods of ADR to attempt to resolve their claims before (and hopefully without the need to) go to trial.
In fact in recent cases the Courts have gone as far as telling parties that they should always attempt ADR before going to trial unless there is a very good reason not to, otherwise the Court will make costs orders against those parties who refused or ignored an invitation to enter into ADR.
Mediation is the most well-known form of ADR and you may have experienced or heard of mediation in cases of divorce.
However, civil claims use a different type of mediation in which you attend with a lawyer present and you do not need to sit in a room with your opponent if you don’t want to.
Mediation is available to parties either before or during court proceedings or arbitration. The mediator is a facilitator and does not need to reach a decision on the merits of the case, he only seeks to assist the parties to reach a settlement agreement.
The mediation process is entirely voluntary, meaning that if the parties agree to it then it is often a good indication that they wish to resolve matters without the need for a trial.
The Benefits of Mediation
Our specialist building and construction dispute lawyers are keen advocates of the mediation process and there are several benefits of mediation such as:
- It saves considerable time
- It is less stressful and more convenient than taking a case to court
- It saves money by not going to trial which can be extremely expensive.
We Can Help
At MW, our mission is "To make quality legal services accessible to everyone" and Mediation is just one of the pragmatic and cost effective options we recommend to clients. If you think you may be in dispute with your builder and would like to talk to one of our specialist solicitors then call us today on 0203 551 8500 or use our Contact Us form to arrange a callback.