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9084 · 1.2.2

Alternative methods of dispute resolution

**ADR** (1.2.2) — compare **methods** and when each suits the dispute. **Negotiation** is always available; **mediation** suits ongoing relationships (commercial, neighbour, family); **arbitration** suits technical or international contracts with a binding outcome. Courts actively **encourage ADR** — *Halsey v Milton Keynes NHS Trust* sets out when refusal is unreasonable. Know enforcement: mediated agreements become **consent orders**; arbitral awards enforced under the **Arbitration Act 1996**.

Need to know

What you need to know

  • ADR refers to methods of resolving disputes outside of the traditional court system.
  • The CPR encourages ADR to help achieve the overriding objective of justice at a proportionate cost.
  • Key drivers for ADR include the high cost, delay, and adversarial nature of litigation.
  • The four main types are negotiation, mediation, conciliation, and arbitration.

Explanation

Alternative methods of dispute resolution

  1. ADR refers to methods of resolving disputes outside of the traditional court system.
  2. The CPR encourages ADR to help achieve the overriding objective of justice at a proportionate cost.
  3. Key drivers for ADR include the high cost, delay, and adversarial nature of litigation.
  4. The four main types are negotiation, mediation, conciliation, and arbitration.
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