Alternative Dispute Resolution
- 23rd July 2020
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As the COVID-19 pandemic continues to cause major disruptions to businesses and courts across the UK, it is important to consider the options available to businesses when commercial disputes arise.
Alternative Dispute Resolution (ADR) – The new normal?
Alternative Dispute Resolution (ADR) means exploring ways to resolve a commercial dispute without court proceedings. Being involved in a commercial dispute can be a stressful, time consuming and expensive experience for both parties. By using ADR methods, such as arbitration, adjudication, mediation, negotiation and expert determination, businesses can aim to resolve commercial disputes quickly and cost-effectively. In many cases, it will be encouraged or a legal requirement to attempt ADR before beginning court action.
Resolving disputes via court proceedings and mediation during the COVID-19 pandemic has presented a unique set of challenges. However, video conferencing technology has enabled commercial dispute cases to be heard remotely and this is likely to continue for the foreseeable future.
Businesses should consider a dispute strategy, as part of their contingency planning, as a full understanding of ADR will allow businesses to take a considered approach to resolving commercial disputes, rather than relying on litigation.