How our solicitors can help with commercial alternative dispute resolution
Commercial ADR can help resolve issues outside of the court system. It can be quicker, more cost-effective and less stressful for all parties involved. Here are just a few of the commercial ADR services that Lawhive can help with:
Assessing the suitability of ADR | Our team of solicitors can evaluate the suitability of ADR for a particular dispute, advising on the best approach to resolve the matter as cost-effectively as possible. |
Representation in mediation and arbitration | An ADR lawyer can represent businesses throughout the process, from preparing submissions to negotiating settlements or presenting evidence in arbitration hearings. |
Drafting settlement agreements | A solicitor plays a key role in drafting legally binding settlement agreements following mediation or arbitration to ensure the terms are enforceable. |
Enforcing arbitration awards | Your solicitor can also assist in enforcing arbitration awards through the courts if the losing party fails to comply with the arbitrator’s decision. |
Why choose Lawhive for commercial ADR services?
We partner with commercial solicitors all over the UK to find you the best legal expert for your case. Here are just a few reasons you might prefer Lawhive over a traditional law firm:
Expertise in commercial dispute resolution: Our lawyers have years of experience in handling complex commercial disputes through ADR. They can offer your business a practical solution to resolve disputes without costly litigation.
Transparent pricing: We don't believe in paying by the hour. We'll assess your case and give you a fixed fee quote with no obligations and no unwanted surprises.
Cheaper on average: On average, Lawhive can be up to 50% cheaper than a traditional law firm. You get the same high-quality legal advice, for less.
Common alternative dispute resolution strategies
The key commercial ADR services and strategies include mediation, arbitration, negotiation, expert determination and adjudication. Your ADR solicitor can help guide on the most suitable strategy for your circumstances.
Mediation in ADR
Mediation is one of the most popular forms of ADR. It's a voluntary process where an independent third-party mediator helps the parties negotiate a mutually acceptable resolution. Mediators don’t make judgements, but instead create an open environment where both sides can outline their views and discuss any common ground they may have.
The process of mediation has many benefits, primarily it fosters open communication and helps to preserve business relationships due to its non-adversarial nature. In mediation, there are no ‘winners’ and ‘losers’ as a mediator can’t make any decisions. Either side can walk away at any point.
Arbitration in ADR
Arbitration is a more formal ADR process where an independent arbitrator makes a binding decision on a dispute. Independent arbitrators can be appointed by institutions such as the Chartered Institute of Arbitrators and The Law Society. Each party has the right to have a say on who arbitrates their case by shortlisting the arbitrators they prefer, or jointly deciding on an arbitrator they’d be happy with.
Compared to court proceedings which can take several months, arbitration can be a faster, more flexible alternative option while still delivering a legally enforceable outcome.
Negotiation in ADR
Negotiation is a method of ADR where disputing businesses get together around the table, to have a direct discussion. It’s often facilitated by solicitors, if necessary, to reach an agreement without third-party intervention. This process is characterised by open discussion, listening and compromise, where all parties try to find a solution which is mutually satisfactory. The success of negotiation depends on the willingness of all parties to compromise in order to reach an agreement.
Expert determination
In some technical disputes, the parties may agree to appoint an independent expert to determine the outcome, particularly in cases involving highly specialised areas such as construction or technology. In this ADR process, the expert makes investigations, reviews the evidence and uses their knowledge to reach a decision. Parties benefit by having the ability to make written representations for the expert to review and can speak in the language of their field.
Adjudication
Adjudication, typically used in construction and engineering disputes, is a process where an independent adjudicator makes a swift decision, which is temporarily binding until arbitration or litigation resolves the issue fully. It's quick and relatively inexpensive compared to taking a dispute to court, however, it can be adversarial and deteriorate the relationship between parties.