ADR provides an effective alternative to court. Sometimes it is the only option available - for many going to court is out of the question due to its cost. A court action can also be slow, risky and stressful, take over your life and damage health, family and finances.
ADR overcomes these problems. It reduces the time and cost spent by over 90%. It can be more reliable, give you greater control, and reduce the stress and risk. It can enable the real issues to be addressed, provide constructive solutions, and restore relationships and peace of mind.
Unfortunately, at present, if the other party will not agree to ADR, you have no alternative but to go to court. We believe you should have the right to use ADR, if you wish to do so, or you feel unable to go to court.
The main types of ADR are a) mediation (where a mediator helps the parties negotiate and agree a constructive solution to meet their needs and deal with the real issues); and b) arbitration (where an arbitrator hears the case and decides the legal issues).
Modern arbitration, a model trialled by CfJ, combines arbitration and mediation and works on a non-adversarial basis. It allows an arbitrator to offer the parties the positive outcomes available through mediation, and then investigate and decide any unresolved issues, dealing direct with the parties, removing the cost, delay and risk of adversarial court process.
ADR can help find solutions to issues at the heart of the dispute. It looks beyond the narrow issues lawyers can take to court and usually enables parties to come to a positive outcome they are both happy with.