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FAQs about ADR and Modern Arbitration

What is ADR?

ADR, or alternative dispute resolution, describes any of the alternative ways to resolve a dispute outside court.  The most common are arbitration and mediation, although there are others, such as expert determination, mini-trial, and adjudication.

What is Modern Arbitration?

Modern arbitration is the form of ADR most extensively trialled by CfJ.  This combines arbitration and mediation.  It deals with the parties and the evidence direct to reach a decision quickly and reliably.  There are no complex long-drawn out procedures.  This non-adversarial form of arbitration ensures you get the right decision and in a fraction of the time and cost of going to court.

Modern arbitration also offers you mediation throughout to enable you to find a constructive solution if you want this.

FAQs about the Benefits of ADR

What are the advantages?

You get early resolution and remove the risk and unpredictability of court action.  ADR and modern arbitration give you early certainty and the right result.  They spare you the cost and disruption of going to court.

ADR puts you in control of risk, cost and outcome.

What are the savings?

Cases show you can reduce the legal and business cost of disputes by 90%.

How much will it cost?

Usually less than 10% of the cost of going to court.  For an initial view on the cost of a case, please contact us.  For more go to How much does it cost?

How does this save so much?

By removing the complex adversarial court process, and by dealing with the parties direct, the time required to resolve the case is reduced dramatically.

You share the cost with the other party.

How long will it take?

Cases are resolved on average within 2-3 months. Cases going to court can take over two years.

How can we be more sure of getting the right result?

Using modern arbitration, with a robust process and the best specialists dealing with you and the evidence direct, your arbitrator will ensure he fully understands your position and your case.  The risk and uncertainty of court process is removed and you are more sure of getting the right result.

How are we in greater control?

With modern arbitration in particular, you will know the cost and time involved from the start.  You will have a say in the choice of arbitrator or mediator.  You will be given an early view on the likely outcome.  You can ask for help to settle the case at any time.  You will not run the risk of having to meet the other side’s costs if you are unsuccessful.  You can withdraw at any time with no penalty in costs.

Are there other benefits?

Using ADR helps maintain and restore relationships.

Being willing to use ADR shows you offer those you deal with a fair, straightforward and constructive way to resolve any problems they may have.

FAQs about how ADR and Modern Arbitration works

What is mediation?

A mediator helps the parties discuss and agree constructive solutions beyond those you can get from a judge in court.  The mediator will meet the parties separately and together.   This enables the parties to look at the real issues and the problems that gave rise to the dispute and find common sense answers you can both be happy with. With modern arbitration your arbitrator will also act as mediator.

We do not want to mediate

If you do not want mediation you can use modern arbitration to secure a decision on your case more quickly and affordably than going to court.

How is the decision or mediation legally binding?

The arbitrator’s decision is a binding award under the Arbitration Act 1996 and as enforceable as a court judgment.  An agreement reached in mediation is binding on the parties.

We only want mediation

You can be provided with mediation only if you prefer.  In modern arbitration, if you then want your neutral to go on to decide any part of the case he can do this with your agreement. 

We just want an opinion or non-binding decision

If this is what you prefer, you can use modern arbitration and a decision can be given on a non-binding basis.  This can still have a real value as it acts as independent joint advice to the parties.

What types of case are suitable?

The service works very well for any legal issue or dispute that might go to court or arbitration.  For more detail please go to Types of cases suited to ADR.

Is this suitable for consumer complaints?

As long as there is an issue that needs to be decided the service is ideal for complaints over a certain value, particularly those that are difficult to resolve or dispose of.

Who will we be dealing with?

With modern arbitration or mediation your case will be handled by your arbitrator or mediator.  You will also have a case manager who can answer any questions you have and give you support.

Who are the arbitrators?

Arbitrators such as those used used for modern arbitration are usually leading barristers and solicitors chosen as the most suitable for your case.  They will be familiar with the law and practice in the area of your dispute.  They are also accredited mediators and are independent.

How do we know we have the right arbitrator or mediator?

Research is carried out to establish the leading specialists in every field.  They are selected on the basis of their skills, knowledge and reputation to ensure you have best available and the most suitable for your case.

Do we have any say over who the arbitrator or mediator will be?

You will usually be able to select your arbitrator or mediator.

How do we refer a case? 

Please contact us and let us know you would like to make a referral. (Also see Refer a case).

How do we know this will work for us?

ADR is proven to be successful and to deliver on its claims.  it provides you with early certainty at far less risk and cost.  With the additional control you are given it is much the most efficient and safest way to resolve legal claims and disputes.

How do we know we will get the right result?

With modern arbitration, you will have one of the best lawyers in the relevant field.  He will deal with you direct and give you all the time needed to understand your case and for you to to comment on the evidence and the assessor’s proposed findings.  You will not face the risk and unpredictability of court process.  There is no more reliable and certain way of getting the right result.

Where does this happen?

With modern arbitration your arbitrator works from his firm or chambers but will look at the evidence and meet you where most convenient. Mediation usually takes place at a neutral mediation venue.

Is ADR available throughout the whole country?

ADR is available throughout the UK and covers international cases.

When should we refer a case?

You can refer a case at any time after you and the other party have a difference a court could decide.  The earlier the case is referred the greater the benefit.

The case is already in court or with solicitors

This is not a problem.  Most cases are referred when the claim has been issued.  This is often the time both parties accept they have a problem and see the benefits of a referral to ADR.

Do both parties have to agree?

Both parties do need to agree the referral at present, though CfJ believes parties shoud have the right to ADR.

What if the other party does not agree?

CfJ can help you get the other parties agreement so please contact us.  There are a number of advantages to the other party in agreeing a referral and the courts do not look favourably on a party who refuses to take part.

The other side has a no-win no fee style agreement or is on legal aid

There are still considerable advantages to the other party in agreeing a referral.  We are happy to assist with the referral and will probably need to speak with their lawyer to enable the case to be referred.

We are considering mediation

You may well be very happy with mediation.  Modern arbitration can though provide a definite and legally binding outcome quickly and at low cost, where the parties have been unable to agree a solution through mediation alone.

What happens to the costs I have already run up?

If you have incurred legal costs before the referral modern arbitration can decide who should pay these.

What is CfJ's role?

CfJ has been researching and trialling different forms of dispute resolution. It considers modern arbitration to combine the best of ADR.  It would like to see modern arbitration provided by other service providers and the courts, but in the meantime continues to provide the service itself for those who wish to use it.

If you would like to find out any more, please get in touch. A member of our team will be happy to assist you with any questions. Call us on 020 7849 6963