The truth behind five dispute resolution myths

Although courts and tribunals often deal with commercial disputes, there is another option.

Known as alternative dispute resolution, this option has strong support from the courts. Let’s look at the truth behind five myths associated with this process.

1. ADR is expensive

This is a common misconception, although some complex matters may take time to resolve. Generally, the ADR process takes less time than litigating the matter, which means that the costs can be reduced.

If you are based in the capital, you will probably want to seek advice from an expert dispute resolution solicitor at a London law firm. If a business conflict arises, a London law firm will be happy to help.

2. Mediation does not work in big cases

To the contrary, there are a number of reasons why ADR is a first port of call for big companies in large cases. Confidentiality clauses can mean the dispute can be kept between the parties.

3. If you think you have a solid case, go to court

Although your case may look strong at the outset, there are plenty of pitfalls that can affect the outcome, such as a witness failing to attend. A new piece of evidence may also come as a surprise and affect the outcome. The costs of litigation and how they are distributed after a verdict may also make a successful outcome less appealing.

4. Compromise is the outcome of mediation

Although the object of mediation is an agreed settlement, neither party is obliged to accept the outcome; indeed, the process can end with no agreement or a partial solution on some of the issues raised. In this case, the result of the mediation will have little impact on subsequent litigation.

5. The mediator makes the decision

The role of the mediator is not to reach a decision but to facilitate an agreement between the parties; however, any settlement reached is a lasting outcome. A legal agreement between the parties will be signed at the end of the process.