Prime Dispute
Prime Dispute
  • Home
  • Insights
  • Authority
  • Academy
  • Membership
  • Regulation
  • Members Area

A simple breakdown of dispute avoidance/resolution MECHANISMS.

The traditional method of resolving a dispute, is to go to court. There has been a drive in recent years, particularly since the introduction of the Civil Procedure Rules, to find quicker and more flexible ways of resolving a dispute. ADR (alternative dispute resolution) or ODR (online dispute resolution) is just that. It literally means any method of resolving a dispute other than litigation through the courts.

Ideally disputes should be resolved through negotiation, with each party prepared to give a little to achieve a settlement. Sometimes it helps to employ a professional representative such as a surveyor or lawyer who is experienced in the subject matter of the dispute, and maybe more skilled at negotiating. 

Some methods of dispute avoidance/resolution have been around for some time. Arbitration has traditionally been used in shipping cases and many commercial leases will also have an arbitration clause, particularly to resolve a commercial rent review dispute. 

Another method of solving a dispute is for an independent expert to give a binding determination. An expert will be someone experienced in the subject matter of the dispute, who uses his or her own knowledge and experience to give a decision.

If negotiation fails to find a solution, you may want to consider using mediation. A mediator will not impose a settlement on the disputing parties but will help them come to an agreement which can then form a binding contract.

Although adjudication has been around for some time, it now refers to a very specific type of dispute resolution under construction contracts. The adjudicator gives a decision within 28 days of the dispute being referred to him or her.

There are other types of ADR. This summary is intended to give a brief explanation of some of the main types to help you negotiate your way round this rather confusing area.

rEAD MORE
CONTACT US       |      JOIN PRIME DISPUTE              
About Prime Dispute 
​
Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution 


Our purpose / Helping industry create a more prosperous and conflict free working world.

Our Vision & Mission

Insights 
​Authority
​Academy 
Regulation 
Membership 
News 
Events ​
Contract Clauses
Industries 
Contact
Picture
Terms & Conditions | User Agreement | ​Business Ethics and Conflict of Interests Policy
Please email all correspondence to contact@primedispute.com 
71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom