Litigation can be a daunting, lengthy and expensive process. We understand this and are fluent in the ways in which litigation can be resolved without the expense of a trial.
Commercial Alternative Dispute Resolution, or ADR, is a way of settling disputes without a trial, which can often be quicker and less costly. It also offers other potential benefits, including keeping the details of a dispute private and helping to preserve important business and personal relationships which could be harmed by court proceedings.
ADR may not be suitable for every dispute, but the courts do expect that those involved in civil and commercial litigation take steps to resolve the dispute. The court has the power to impose sanctions – usually financial penalties – if one party to a dispute unreasonably refuses to negotiate.
At Saunders Law, our expert ADR solicitors always seek to resolve disputes in the most commercial and cost-effective way. We are highly skilled in various methods of Alternative Dispute Resolution law, including negotiation, mediation and arbitration. Our team also has a very strong record of success in court proceedings where ADR is not successful or is not a good fit for a client’s circumstances.
We are a team of seasoned litigators, recognised for our advocacy skills and for tirelessly fighting our client’s corner. We are well-known for our high-profile work, including complex and high value commercial litigation and civil litigation cases.
Our clients include a wide range of businesses and professionals across all sectors, from sole traders to large multinational organisations. With experts in commercial law, employment law, regulatory law, health and safety, debt management, insurance and media law, we understand what is required to resolve any type of civil or commercial dispute.
We operate from offices facing the High Court in central London and are ideally located to handle all types of commercial and civil litigation.
We provide clear and open advice regarding the costs involved, are adept at offering commercially attractive funding arrangements, which could include conditional fee arrangements, and we have excellent relationships with litigation funders.
Our Alternative Dispute Resolution solicitors in London offer strategic, high-level advice and representation. As a result, we cannot cost effectively handle disputes with a value below £10,000.
Find out more about the firm, its teams and its typical work by taking a look at our clients.
Speak to our Alternative Dispute Resolution solicitors in London
For expert assistance with resolving a commercial or civil dispute, contact Saunders Law today for a free, no obligation initial discussion of how our ADR solicitors may be able to help.
Common methods of ADR our team can offer
These are the three most common alternative dispute resolution services – although there are others:
Mediation involves a mediator encouraging and inviting settlement between parties to a dispute. A mediator does not hand out a judgement like a judge in court would. Instead, the mediator seeks to assist both you and the other side to come to an agreement. The process is highly flexible and can end in a result that is more commercially suitable than a court order.
Arbitration is a more formal alternative dispute resolution service. An arbitrator can be appointed either by you and the other side or by a professional body that both sides have agreed on. You and the other side will provide evidence, and the arbitrator will make a legally-binding decision. It is usually used for larger commercial disputes.
Subir Karmakar is a Fellow of the Chartered Institute of Arbitrators (CIArb), specialising in international arbitration.
While Arbitration and Mediation are more formal processes, parties to a dispute, at any time, can agree to negotiate an agreement to settle. This will be done by your solicitor, perhaps by letter or telephone call. Alternatively, a round-table meeting between lawyers and parties can take place, where positions are discussed and settlement agreed upon.
Benefits of Alternative Dispute Resolution
With a focus on the various parties working together to agree on a solution, ADR in commercial disputes can help to minimise conflict. This not only tends to make the process much less stressful than court proceedings, but it can also allow you to preserve a more positive relationship with the other party or parties for the future.
Resolve disputes faster
All methods of ADR are typically much faster than court proceedings, particularly because there is no need to wait for an available hearing date, which typically takes months or even years.
Lower legal costs
The costs involved with ADR are usually much lower than those for court proceedings. This can significantly reduce the risk involved in pursuing a dispute and the financial impact.
Avoid the uncertainty of court proceedings
No matter how strong your case may seem, the outcome of court proceedings is never certain. ADR allows you to stay in control of how a dispute is resolved rather than placing the decision in the hands of a court.
Keep a dispute private
Court proceedings are held in public, meaning the details of your dispute can become common knowledge. With ADR, you can keep the reasons for the dispute and the details of any solution you agree private, protecting your reputation.
What happens if Alternative Dispute Resolution doesn’t work?
While ADR is generally very effective for resolving a wide range of disputes, it does not always succeed. This can be for a variety of reasons, including where the two parties simply cannot agree a solution that both can accept.
In such cases, it may be that court proceedings will be required to resolve the matter. A key point to understand is that ADR is usually conducted on a ‘without prejudice’ basis, meaning that nothing disclosed during ADR, nor any concession either party makes, can be referred to in subsequent court proceedings.
Should ADR prove unsuccessful, our highly regarded ADR lawyers can provide representation for court proceedings of all levels, including in the High Court, Court of Appeal and Privy Council. Saunders Law is renowned for being implacable and resolute in such proceedings, ensuring the best outcome possible for our clients.
Why Saunders Law is the smart choice for Alternative Dispute Resolution
More than 40 years’ experience
Our partner-led team of dedicated litigators has over 40 years of knowledge and experience to draw from when dealing with all types of commercial and civil disputes. This allows us to offer straightforward, commercially sound and practical legal advice based on what we know works.
Independently recognised expertise
Commercially minded approach to match our clients’ priorities
We always base our strategy on our clients’ particular circumstances and priorities. Whether recommending ADR in commercial and financial disputes, or court litigation, our team is always guided by our clients’ commercial considerations.
Clear, flexible pricing to match commercial considerations
Our ADR solicitors provide transparent advice regarding the costs involved with various litigation options. We are able to offer commercially tailored funding arrangements, including potential conditional fee arrangements depending on merits. We have excellent relationships with third party litigation funders.
Exceptional personal service & client satisfaction
We pride ourselves on providing an exceptional service. Our clients will always receive a call back the same day following an enquiry and can always speak to one of our partners when required. As a result, we consistently achieve excellent feedback from clients.
Alternative Dispute Resolution Explained
What is alternative dispute resolution (ADR)?
In simple terms, alternative dispute resolution refers to any method of resolving a dispute between consumers and traders that don’t involve going to court.
What are the types of alternative dispute resolution (ADR)?
There are four common types of ADR:
- Independent negotiation – a non-legally binding form of ADR where both parties agree on a compromise, often in the presence of expert ADR solicitors who can help facilitate the agreement.
- Mediation – a non-legally binding ADR service where both parties come to an agreement with the assistance of a neutral third-party mediator.
- Arbitration – involves appointing a neutral third-party arbitrator, or panel of arbitrators, who are experts in the field where the dispute arises, to hear evidence and make a legally binding decision on behalf of both parties.
- Conciliation – is used for employment disputes and is a compulsory process before an employee can bring a claim to the Employment Tribunal. The conciliator will discuss the issues with both parties to reach an agreement, but their opinion is not legally binding.
Arrange an initial, no obligation consultation with our Alternative Dispute Resolution solicitors in London
For a free, no-obligation, initial discussion of how we may be able to help, please contact our ADR solicitors today.