A few words
36 ADR is our group of accredited mediators and arbitrators drawn from different areas of legal practice.
At all levels of seniority, we can provide dispute resolution at our London address, at any convenient venue throughout the country or even abroad.
Another added benefit of instructing us for your ADR needs is the use of our state of the art ADR suites, consisting of seven conference rooms, break out rooms and video conferencing facilities, offering a comfortable and private environment for the parties.
What is Alternative Dispute Resolution?
Disputes can arise in the commercial, private and family areas and traditionally have resulted in formal court action for resolution. This can be very expensive, time consuming, emotionally challenging and often conducted in the public arena. The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved.
ADR (“alternative dispute resolution”) options include arbitration, mediation, family mediation, private FDRs, early neutral resolution and expert determination and, depending on the circumstances, can provide speedy, low-cost, informal and creative means of resolving disputes.
36 ADR Key Features
Our teams include experienced mediators and arbitrators, all experienced in our particular fields, and we are well able to provide neutral evaluation of a dispute.
Mediation involves a third party, the mediator, helping the parties to negotiate their own settlement. It has a structure, timetable and dynamics that ‘ordinary’ negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process.
Mediators use various techniques to open, or improve, dialogue between the parties in dispute, aiming to help them reach an agreement about the matters in dispute. Much depends on the mediator’s skill and training. The mediator must be wholly impartial.
Arbitration is effectively a private court. It involves a third party hearing and/or reviewing the evidence in the case and imposing a decision that is legally binding on both sides and enforceable in the courts. It has long been used in commercial disputes because it is often quicker, and always more private, than the courts.
Neutral evaluation involves a third party (invariably an experienced lawyer) reviewing the evidence and providing a written opinion on the likely outcome to the parties. It is not binding, but it is often very helpful in enabling the parties then to negotiate their own settlement.
Expert determination is most effectively utilised in situations where there are few issues of legal interpretation in dispute and there is no real conflict of factual evidence.
The expert appointed to act imposes a decision on the parties (who will have agreed that it will be binding upon them). This can lead to a swift and economic means of dispute resolution in cases which lend themselves to this methodology. The expert appointed will usually have relevant knowledge of the industry or nature of the environment or contractual regime that forms the background of the dispute.
The parties to the dispute agree that the determination made by the expert will be final and binding and give rise to challenge only on very limited grounds arising from the fundamental validity and regulatory of the decision and not from differences on issues of fact, law or professional opinion.