There are different types of ADR. Here we set out how modern arbitration works. It is a model combining arbitration with mediation. It works on a non-adversarial basis. The parties are helped to find a solution through mediation, and if no agreement is reached, the arbitrator looks into the issues and decides these, without the need for a long-drawn out and expensive legal comtest between the parties.
Once you have referred your case the best lawyer will be found for you and he will meet and talk the case through with you.
Your lawyer will talk with the other party and see if an outcome can be found through mediation.
Your lawyer is a skilled mediator. The most difficult cases can be resolved, and positive solutions found, through mediation.
At the initial meeting the arbitrator will explain his or her role, and discuss the case and how it will be handled. The initial meeting will not normally involve the other party. The arbitrator will discuss with you whether you want to mediate, or negotiate, a solution. If so, a further meeting, or series of meetings, may then be arranged to see if agreement can be reached.
If an outcome is not agreed with the other party through mediation, or you just want a legally binding decision on your case, the arbitrator will give you a decision, This is as binding as a court judgment by reason of the Arbitration Act 1996.
If you do not want a legally binding decision, you can ask to have mediation only.
There is no need for you to have a solicitor, as your lawyer will look after you, get to know your case and ensure you get the right result. If you want separate legal advice or support at any time you are though of course welcome to take this.
Moderation will cost you less than 10% of the cost of going to court and you will get an outcome in a fraction of the time. To find out more go to Cost & time involved.
Any decision by the arbitrator will be final and legally binding on the parties and will dispose of the dispute. If you do not want a legally binding decision, you can ask to have mediation only.