Alternative Dispute Resolution (ADR)

Let’s face it, few businesses relish litigation. Going to court can be slow, costly and all too public, and sometimes even the victors are not happy with the outcomes. Therefore, litigation can sometimes be viewed as the last resort in commercial disputes.

Alternative dispute resolution – or ADR – is the term used to describe the range of methods, other than litigation, that can be employed to manage and resolve disputes:

• Arbitration – the Arbitration Act (Scotland) 2010, with its “founding principles” offers an excellent framework for cases that might be better suited to determination by an arbitrator.  
• Mediation - we have accredited mediators who are experienced in both conducting mediations as well as providing representation for clients in mediations as mediation advocates.   
• Early Neutral Evaluation (ENE) - this can provide a speedy and economically efficient way to move forward disputes that might otherwise take years to determine.  
• Expert determination – this can be particularly valuable when a quick decision is needed, and some contracts stipulate its use to resolve disputes.  As with other dispute resolution processes, the parties can also opt into it by choice. 

Our dispute resolution team at Lindsays are highly experienced at using all these processes, and can tell you which is likely to be most helpful for your own circumstances.