What are the advantages and disadvantages of alternative dispute resolution?
- It’s fast – ADR is usually much quicker than litigation and can prevent delays in reaching a resolution.
- It’s cheaper – The costs incurred in ADR are often significantly less than taking the matter through the courts
- It’s flexible – You have the flexibility to control the proceedings rather than putting the final decision in the hands of an adjudicator or judge.
- It’s less formal – ADR isn’t subject to court rules and allows a more relaxed approach to resolving the conflict. This can prevent escalation.
- Everyone gets the chance to participate – from telling your side of the story to having control over the outcome. It’s a fairer, more open way of resolving a dispute.
- There’s no guarantee that you’ll reach an agreement.
- Any decision reached may not be binding and can be rejected by either party.
- You cannot bring multi-party disputes to the table as ADR deals with disputes between two parties.
- If it goes to court, the courts can override any decision reached in ADR, especially if there is a legal precedent.
What is digital dispute resolution?
A rapidly advancing digital world means that new rules and regulations need to be brought in to deal with digital disputes. These are disputes that arise out of digital technology, including crypto assets, cryptocurrency, smart contracts, distributed ledger technology (“DLT”) and fintech applications.
Disputes that are not subject to automatic dispute resolution procedures can be submitted for arbitration in the same way as a non-digital dispute. You will need to appoint specialist arbitrators who have been trained in this area of ADR and who are appointed by the Society for Computers and Law.
What are the rules for digital dispute resolution?
In brief, the rules are:
- A tribunal must attempt to determine the outcome of a dispute within 30 days
- Claimants need only provide limited information at the start, and each respondent has three days to respond.
- No party has the right to an oral hearing, and the dispute can be based on written submissions only
- There is no right to appeal an award on a point of law
- Disputes can be resolved by expert determination rather than arbitration.
Your digital dispute resolution solicitor can guide you through the rules in more depth.
What happens at a first hearing dispute resolution appointment?
These are usually relatively short and are designed to determine the fundamental issues of the dispute and for your legal team to work out the best way forward. An initial attempt at mediation between the two parties may be made. But if this is not successful, your legal team will arrange for another meeting at a later date.
If the appointment is in relation to a child agreement order, then as long as there is no concern about the child’s welfare, the court will not make a final decision at the first appointment and will ask all parties to prepare for a final hearing at a later date.
How do courts resolve disputes?
Courts resolve disputes either through litigation or mediation. Before a dispute goes to court, there must have been some attempt to resolve the situation by mediation beforehand.
Are courts the best forum for resolving disputes?
Arbitration and ADR are far more time and cost-effective methods of resolving disputes for both commercial businesses and private individuals. It can be faster and cheaper, with the potential to resolve a situation using the expertise of professionally trained dispute resolution solicitors and mediators.
Should you use a solicitor to resolve a dispute?
It is always best to ensure you have professional legal advice when resolving a dispute to avoid unnecessary costs or delays. This is particularly important if the dispute involves contracts or financial agreements. For family disputes, a trained family law solicitor can help you work through the problem effectively and fairly, especially where the welfare of a child or children is involved.