Alternative Dispute Resolution (ADR)
UK Courts have a policy of encouraging ADR to give the parties the best opportunity of solving their dispute be agreement rather than by a Trial. Mediation is the most common type.
Mediation is often misunderstood to be a “friendly conversation over a cup of tea”. In practice it is often a far from friendly and very intensive period of negotiation. Statistically, a very nigh proportion of cases that go to mediation settle, but it does noeed both sides’ lawyers to agree and buy into the idea of mediation for the whole thing to work. It is very easy to waste time and money if one party turns up with no intention of reaching a compromise.
In group litigation, members of the steering committee will represent the interests of the entire group. Under advice from the legal team, they will usually be able to agree terms which settle the entire litigation.
If the team arrives at mediation well prepared and with a positive attitude, mediation can be an incredibly good way to solve disputes.
TYPICAL TIMESCALE – N/A. ADR can happen any time within the process.
Step 15: Settlement