Alternative Dispute Resolution (ADR) is a powerful way to resolve disputes without the stress and expense of going to court. This approach is particularly relevant in Scotland, but there are tailored resources available for England, Northern Ireland, and Wales. If you’re dealing with a disagreement, ADR could be the solution you’re looking for.
What is ADR and when can you use it?
Think of ADR as an umbrella term for methods that help solve disputes. Instead of battling it out in court, ADR allows for conversations, compromises, and solutions. Here are some examples of when you might consider ADR:
- Neighbour Disputes: That tree branch hanging over your fence? ADR can help resolve it amicably.
- Family Matters: Whether it’s about child arrangements or splitting assets, ADR can make these conversations smoother.
- Consumer Complaints: If you’re unhappy with a product or service, ADR might save you the hassle of legal action.
Why choose ADR over court?
Going to court can feel like preparing for battle—it’s costly, time-consuming, and emotionally draining. ADR, on the other hand, offers several benefits:
- Cheaper: Avoid hefty legal fees.
- Faster: Resolve issues in weeks or months, not years.
- Confidential: Keep your business private.
- Flexible: Choose an approach that works for both sides.
- Less Stressful: Focus on finding solutions, not assigning blame.
While some ADR decisions are legally binding, most allow you to maintain control over the process. In many cases, you’ll submit written evidence, and there’s no need to attend a hearing.
Types of ADR you can use
ADR isn’t one-size-fits-all. Depending on your situation, you might consider:
- Conciliation
- A conciliator helps both parties find a mutually acceptable solution.
- This is often the first step, especially in consumer disputes, and it’s usually free.
- Mediation
- A mediator works with both sides to explore common ground and reach an agreement.
- Agreements can be made legally binding if both parties agree.
- Arbitration
- An arbitrator reviews the evidence and makes a decision, which is often binding.
- Ideal for commercial and contractual disputes.
- Ombudsmen
- Specialised in areas like finance, energy, and property, ombudsmen investigate complaints and recommend solutions.
- These services are free for consumers but funded by traders.
How to prepare for ADR
Before diving into ADR, take a moment to reflect on your goals and options:
- What do you want? Clearly define your ideal outcome.
- How much time do you have? Some methods are quicker than others.
- Do you want to avoid face-to-face meetings? If so, written or remote options might be better.
- Can you afford it? Check if legal aid or free services are available.
- What happens if you lose? In most cases, each party pays their own costs, but arbitration might involve cost-sharing.
- Is there a deadline? Be mindful of time limits for filing complaints.
ADR in action
Let’s explore how different types of ADR work:
Conciliation
Conciliation is often the first port of call because it’s informal and straightforward. A conciliator will:
- Listen to both sides.
- Focus on what each party wants.
- Suggest solutions that could work for everyone.
If you’re dealing with a consumer complaint, check if your contract requires conciliation first. Some clauses might be unfair if they’re costly or cause delays. Local trading standards can also guide you through the process.
Mediation
Mediation is like having a neutral referee who ensures both sides play fair. The mediator helps:
- Keep discussions focused.
- Explore potential solutions.
- Reach agreements that suit everyone.
You’ll need to pay for mediation unless you qualify for legal aid.
Arbitration
Arbitration is more formal but less daunting than court. Here’s how it works:
- An arbitrator reviews evidence from both sides.
- A decision is made, often based on written submissions.
- The outcome is legally binding, so be prepared to accept it.
Some arbitration schemes are free, while others charge a fee. If you win, you might be able to recover the cost.
Ombudsmen
If you’ve exhausted a company’s internal complaints process, it’s time to involve an ombudsman. They investigate sectors like:
- Financial services
- Energy providers
- Internet and telephone companies
- Estate agents
Their decisions might be binding, depending on the issue. For instance, financial ombudsmen have more authority than those handling retail complaints. Keep detailed records and be prepared to submit evidence.
Traders offering ADR
Many traders belong to organisations with established ADR schemes. For example:
- Travel: The Association of British Travel Agents
- Construction: The Federation of Master Builders
- Telecoms: CISAS and the Communications Ombudsman
- Furniture: The Furniture Ombudsman
Check the trader’s website or terms and conditions for details about their ADR options. Look for phrases like “escalating your complaint” or “dispute resolution.” If you’re unsure, contact the trader directly.
What if ADR doesn’t work?
Sometimes, ADR won’t yield the results you want. If that happens, you still have the option to take your case to court. However, courts often consider the efforts made during ADR, so it’s worth giving it your best shot.
Final thoughts
ADR is a practical, efficient way to resolve disputes. Whether it’s a disagreement with a neighbour, a family issue, or a consumer complaint, ADR offers a path to resolution that saves time, money, and stress. By understanding your options and preparing accordingly, you can make informed decisions and achieve the best possible outcome.
