There are many forms of alternative dispute resolution such as Adjudication, Arbitration or Expert Determination. Each present different challenge from a time, cost and quality of decision perspective. Each requires careful thought where they are appropriate. We will be happy to provide comparative advice on these processes.

Parties who dismiss the opportunity for ADR out of hand are likely to incur costs penalties. For the party who is ultimately unsuccessful, this may involve paying the other side’s costs on a full indemnity basis. For the successful party, an unreasonable refusal to attempt ADR may significantly reduce the costs recoverable from the other side; indeed the Court could decide to make no costs order at all.

Alternatively, the Court could order the claim (or part of it) to be stayed to allow attempts to be made to settle the case by ADR.