Alternative Dispute Resolution (ADR) for Professional Negligence
Alternative Dispute Resolution (ADR):
Alternative Dispute Resolution (ADR) provides various methods to resolve disputes without going to court. ADR processes are actively encouraged by courts in professional negligence claims to achieve quicker, less expensive, and less stressful resolutions.
What is Alternative Dispute Resolution (ADR)?
ADR includes techniques that help parties resolve disputes outside traditional court litigation, aiming for amicable settlements, preserving relationships, and reducing legal costs and delays.
Common Types of ADR:
- Mediation: A neutral mediator assists parties in reaching a mutually acceptable solution confidentially.
- Negotiation: Direct discussions between parties or solicitors aimed at settlement.
- Early Neutral Evaluation: An independent expert evaluates the strengths of each party’s case to guide settlement talks.
- Adjudication: A quick, binding decision by an adjudicator based on submissions.
When to Use ADR
- After exchange of Letters of Claim and response.
- During the protocol’s stocktake stage.
- Even after litigation has commenced, when settlement is achievable.
Benefits of ADR
- Cost-effective: Reduces legal expenses.
- Time-saving: Quicker than court litigation.
- Confidentiality: Maintains dispute privacy.
- Flexibility: Offers control over the outcome.
- Preserves Relationships: Encourages amicable settlements.
Consequences of Ignoring ADR
Courts may penalise parties who unreasonably refuse ADR with cost sanctions, as demonstrated in cases such as PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288.
How Carruthers Law Can Help
At Carruthers Law, our solicitors specialise in ADR for professional negligence claims, guiding clients efficiently to favourable outcomes.
Professional Negligence Services:
- Solicitors Negligence Claims
- Surveyors Negligence Claims
- Accountants Negligence Claims
- Financial Advisers Negligence Claims
- Architects Negligence Claims
Contact Carruthers Law Today
If you would like to explore ADR or discuss your professional negligence claim, please get in touch:
- Telephone: 0151 541 2040
- Email: info@carruthers-law.co.uk
- Online Form: Contact Us