Alternative dispute resolution Definition

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What does Alternative dispute resolution mean?

A catch-all phrase describing the resolution of disputes other than by litigation.

It encompasses mediation, arbitration, conciliation and other similar processes. An unreasonable failure to engage in ADR can have costs consequences for a party which is successful in litigation.

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Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...

Unfair commercial practices—checklist

Unfair commercial practices—checklist This Checklist considers the key practices, actions and omissions amounting to unfair, misleading or aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008), which may lead to criminal prosecution, regulatory action and adverse publicity. Consumers also have private rights of redress, including the right to unwind the contract, the right to a discount and the right to seek damages. It considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. All commercial practices need to be considered and checked to ensure that they do not breach these requirements. These include marketing techniques; traders should consider in particular new media techniques, which can sometimes be unclear to consumers as being commercial activity. For more information on the CPUTR 2008, see Practice Notes: • The Consumer Protection from Unfair Trading Regulations 2008, and • Private right of redress for consumers See also: Advertising law and regulation—overview and Sales and marketing—overview. The DMCCA 2024 In July 2021, BEIS,...

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration (and sometimes also dealing with jurisdiction and applicable law). However, it is possible to include a dispute resolution clause which provides an alternative to this by setting out other forms of alternative dispute resolution (ADR) to be followed in the event of a dispute. These are sometimes identified as ADR clauses.Parties have several options open to them (see list below), but it is important to understand the consequences of your drafting decisions. This Practice Note considers some of the clause options available and assess some of the issues in relation to each type of clause.The types of dispute resolution clause considered in this Practice Note are:•litigation only clauses•mediation clauses•multi-tier clauses (escalation clauses)•hybrid clauses, and•carve-out clausesFor guidance on the key issues as to the enforceability of dispute resolution clauses and challenging jurisdiction (including applying to stay proceedings) where proceedings are commenced in breach of such a clause, see Practice Note: Drafting a dispute...

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in reaching a settlement of their dispute.Why choose to mediate your dispute?There are many reasons why seeking to settle a dispute is appropriate, ranging from preservation of relationship between the parties, litigation cost and time and maintaining confidentiality surrounding a dispute. Added to this, there is an increasingly strong impetus under the CPR urging parties to seek resolution of their dispute outside of court.See Practice Notes: •Settling disputes—what, when and why settle?—Why settle your dispute? •ADR—pre-action and post-commencement of court proceedings—ADR—what is happening?•Comparison of forms of ADR and litigationTherefore, when advising a client at the outset of a dispute, it is important to consider using an ADR process (such as mediation) to try to achieve settlement before embarking on an adversarial process (such as litigation or arbitration)....

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Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

Software development agreement

Software development agreement This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [insert Supplier’s background details and the background to the relevant transaction]. The Customer is [insert Customer’s background details]. (B) The Supplier wishes to develop certain Software (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them...

Dive into our 84 Precedents related to Alternative dispute resolution

When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure Rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs?

When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs? The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 28.3(1) states that: ‘Rule 44.2(1), (4) and (5) of the CPR do not apply to financial remedy proceedings’. That is the foundation of the ‘no order for costs’ principle which generally applies in financial relief proceedings. However, FPR 2010, SI 2010/2955, r 28.3 does not apply to a financial remedy appeal (H v W (cap on wife's share of bonus payments) (No 2)). CPR 44.2, which gives the court a discretion as to costs, applies in such cases. A number of factors apply to the exercise of that discretion under CPR 44.2, including the following: • an unreasonable...

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator?

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator? What is PACT? PACT stands for ‘professional arbitration on court terms’. It is a joint initiative of the Law Society and the Royal Institution of Chartered Surveyors. It provides a procedure which permits parties who wish to introduce a renewal lease under the Landlord and Tenant Act 1954 (LTA 1954) to submit the resolution of disputes concerning that renewal lease to an independent third party. The independent third party can act as an...

See the 57 Q&As about Alternative dispute resolution

Construction weekly highlights—12 December 2024

This week's edition of Construction weekly highlights includes an announcement by the Construction Leadership Council (CLC) regarding the restructuring of the Industry Competence Steering Group, publication of regulations bringing the Housing (Cladding Remediation) (Scotland) Act 2024 into force, publication of a report by King’s College London (KCL) on the international use of disputes boards in the construction sector, a consultation by the Environment Agency (EA) on new rules for the use of unbound incinerator bottom ash aggregate in construction, and a joint consultation by the Ministry of Housing, Communities and Local Government (MHCLG) and the Department for Energy Security and Net Zero (DESNZ) on proposed reforms to the energy performance of buildings.

Construction adjudication–common themes and key takeaways

Construction analysis: King’s College London (KCL) third report on construction adjudication in the UK, titled ‘2024 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform’ ( Adjudication Report), confirms that adjudication continues to be a popular method of resolving disputes in the construction industry. In this article, Joseph Hale and Jennifer Fitzmaurice, partner and professional support lawyer at Eversheds Sutherland, consider the report and what the future might hold for statutory adjudication in the UK.

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