Alternative Dispute Resolution (ADR) is a way of resolving disputes thus avoiding a case going to court. Staying out of court wherever possible is what we would always advocate as not only will this reduce costs to the client but it also sidesteps what are often lengthy court proceedings.
ADR schemes are not meant to replace the courts, but can be advantageous over costly and lengthy court cases. ADR is:
- More flexible
- Solves problems faster
- Often less stressful
- Lower in cost
Using ADR does not exempt you from taking you matter to court.
Mediation, which is a form of facilitated negotiation with the assistance of a specialist mediator, can help narrow down the issues that divided people and make it easier for you to reach an agreement or for a Sheriff or Judge to make a decision. When parties commit to a mediation process, a high percentage of dispute cases are resolved easily. Mitchells Roberton’s Chairman, Donald Reid, is an accredited and qualified mediator since January 2005.
Arbitration can also be used and although the process is closer to litigation it does have several advantages including the privacy of the parties and a process which can be adapted to a particular dispute. Arbitration in Scotland has been codified by the Arbitration (Scotland) Act 2010.
Just as you would seek legal advice when going to court you should seek legal advice when choosing an ADR method and when reaching agreement. Our experts are here to guide you.
Need more information about Commercial Disputes or other areas of Dispute Resolution & Litigation? Go back to the Dispute Resolution & Litigation page for help from our expert team.
Need more help for your business? Visit our Services for Businesses page for details of how our experts can help you.
Need more help for yourself or your family? Visit our Services for Individuals page for details of how our experts can help you.