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What Is ADR In Relation To Litigation?

Posted on Tuesday, 26th May 2015 by
Photo Credit: IAEA Imagebank via Compfight cc

Photo Credit: IAEA Imagebank via Compfight cc

Clients, companies or individuals contemplating or currently engaged in litigation will inevitably see reference and correspondence in relation to ‘ADR’. It is not uncommon for our litigators to take enquiries from clients and potential clients to determine what is meant by the phrase ADR and how it affects them.

ADR (otherwise known as Alternative Dispute Resolution) refers to a series of mechanisms and techniques that seek to draw the parties of a dispute or potential dispute to a conclusion, without the need for Court proceedings, or if in Court proceedings when ADR is undertaken, without the need for further proceedings and possibly a trial. The purpose of ADR is to circumvent the cost, complexity and stress that can be associated with issued Court proceedings, to relieve the burden upon both the litigants themselves and the Court. Since the inception of the Civil Procedure Rules in 2001 ADR has become more prevalent, and continues to be so year on year.

Indeed, when Judges make decisions as to how claims ought to progress, they consider information set out by the parties in a directions questionnaire. Over the last couple of years we have seen the Directions Questionnaire change to incorporate a section requesting a stay or pause in proceedings whilst ADR is undertaken and the instructed solicitor must confirm to the Court he has explained the consequences of failing to deal with ADR to his client. Mediation is now seen as part of the litigation process when 10 years ago it was perhaps a rarity if considered at all.

At Edward Hands and Lewis we embrace Alternative Dispute Resolution as a mechanism of achieving our client’s goals without incurring the expense ordinarily associated with civil proceedings. We have a number of litigators with a host of experience in ADR techniques and attend without prejudice meetings, mediation and employ ADR techniques from the Civil Procedure Rules on each matter we are instructed upon. Where ADR fails the practice remains geared up to pursue litigation in the Court forum with vigour but peace of mind is given to clients that if litigation ensues it is as a result of the personality of the parties rather than any failure to attempt to draw the matter to a conclusion as cost efficiently as possible.

If you wish to explore ADR please do not hesitate to contact Paul Stubbs on 0116 266 5394 or paul.s@ehlsolicitors.co.uk.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Paul Stubbs - Litigation
Paul Stubbs - Litigation
paul.s@ehlsolicitors.co.uk 01332 862 113
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