Find a Solicitor for your Commercial Alternative Dispute Resolution (ADR)

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:

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.

Key benefits of ADR services over litigation

Most solicitors will recommend pursuing ADR over litigation, as ADR generally offers significant cost savings while still delivering binding or enforceable outcomes. Let’s explore the key benefits of choosing ADR over commercial litigation:

1. Cost efficiency: ADR is often more cost-effective than litigation as it avoids lengthy court procedures, reducing legal fees and other associated costs.
2. Speed: ADR processes, particularly mediation and arbitration, can resolve disputes much faster than going through the courts, minimising disruption to business operations.
3. Confidentiality: ADR is a private process, ensuring that sensitive business information is not exposed to the public or the media, unlike court cases, which are typically public.
4. Preservation of business relationships: ADR encourages collaboration and negotiation, helping businesses preserve commercial relationships that might otherwise be damaged by adversarial litigation.
5. Flexibility: ADR allows the parties to tailor the process to their needs, including choosing the mediator or arbitrator and setting flexible timelines, making it ideal for complex commercial disputes

When ADR isn't appropriate

ADR isn’t always suitable and there are some legal situations that it can't be used in. For example:

Involvement in criminal acts

ADR is generally not suitable for disputes involving criminal activity, such as fraud or theft where formal legal proceedings are required. It can be used for restorative justice programmes where victims and offenders communicate, but this is not as common as in criminal cases.

Enforcement issues

ADR may not be appropriate if there are concerns about the other party’s willingness or ability to comply with a non-binding agreement or enter into good faith negotiations, such as in mediation.

Urgent injunctive relief

ADR is also not suitable in urgent cases when court action is needed to obtain urgent relief, like if you need to apply for an injunction to prevent ongoing harm or protect business assets. Ultimately, ADR can’t address these cases in a timely manner.

Our Commercial solicitors are ready to help

With straightforward pricing - so you know exactly what to expect at every step.

Get a quote