Mediation and Alternative Dispute Resolution

What is alternative dispute resolution?

Alternative dispute resolution (ADR) describes ways of resolving a dispute without a court deciding it. The most common forms are negotiation, mediation, early neutral evaluation, expert determination and arbitration.

ADR is now firmly part of the civil justice system in England and Wales. The courts expect parties to consider it, can order parties to engage in it, and can penalise a party in costs if they unreasonably refuse to take part.

Mediation in particular is flexible, confidential and voluntary in its outcome. A trained, neutral mediator helps the parties explore settlement, but does not decide who is right. Nothing is binding unless and until the parties sign a settlement agreement.

Common situations

• Neighbour and boundary disputes where the relationship matters
• Business disputes where the parties want to keep trading
• Contract or payment disputes that have reached a stalemate
• Disputes where the cost of court proceedings would be out of proportion
• Landlord and tenant disagreements
• Small claims, where free mediation may be available through the court

Your options and next steps

Negotiation: direct discussions between the parties or their representatives, often supported by “without prejudice” offers that cannot later be shown to the court on the question of liability.

Mediation: a structured, confidential meeting, in person or online, facilitated by a neutral mediator. Most mediations take place over a single day or less.

Arbitration and expert determination: an independent person makes a binding decision. These options are often set out in commercial contracts.

Small claims mediation: for many small claims, the court service offers a free telephone mediation service, and for many claims it is now part of the process.

Documents and evidence that may help

You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:

• A summary of the dispute and what you want to achieve
• Key documents, such as contracts, invoices and correspondence
• Any offers made by either side
• Any dispute resolution clause in your contract
• Information about any court proceedings already started
• A realistic view of the outcomes you could accept

How we assess your enquiry

1. Tell us what happened. Use the enquiry form, call or email with a short summary.
2. We review the details. We may ask a few questions or request key documents.
3. We explain your options. Including whether your matter is one we can help with.
4. You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.

Frequently asked questions

Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.