Alternative Dispute Resolution

ADR is an alternative to litigation, it refers to any means of settling disputes outside of the courtroom.  If you have a dispute over the supply of goods or services that you have been unable to settle through negotiation, you may wish to consider using an alternative dispute resolution scheme rather than taking court action.    The CIArb offers bespoke schemes for consumer and commercial markets for non-judicial resolution of disputes. The CIArb also offers nominating and appointing services for ad hoc arbitration, adjudication and mediation that are often used by parties in arbitration clauses as a means of selecting a single, neutral, arbitrator. It is widely accepted that  arbitration, in the appropriate circumstances, offers significant advantages over other dispute resolution methods.  All over the world, courts of law are overloaded with the demands placed on them by the citizens of those countries.  This means that there is delay, usually considerable, in the resolution of the disputes submitted to them.  In commercial transactions,delays in resolving any disputes arising therefrom more often than not translates to monetary loss. Court procedure tends towards the formal and technical and, as a consequence can be somewhat inflexible.  This greatlyreduces the ability of litigants to participate directly in the resolutionof their grievances.  Judges are experts in law.  So, when the dispute raises more questions of law than of anything else, the courtwill be the preferred forum.  But not so in matters of engineering, science andtechnology, for example, where specialised facts may be in contention.Should such a dispute be placed before a tribunal which is knowledgeable inarbitration practice as well as technical matters, the proceedings should move faster than if the matter was in a court of law. Further, arbitration is a consensual process. This means that parties can choose atribunal of its liking and one in which they have confidence.  The chosenarbitrator may also be required to indicate his availability to resolve thedispute in the shortest time possible.  Parties can agree on expedited procedures to cut down on cost and time.  The process is private and hence confidential.  If you have dirty linen to wash, the public will not be there to see it. Unlike in the courts of law, you do not have to be legally represented in arbitration.  If you feel competent to do it yourself, you can do so.  If you wish some other professional or technical person to do it on your behalf, there is no objection to it. Members of the CIArb who have acquired knowledge and expertise in arbitration principles and practice can play a very beneficial role in the resolution of disputes by arbitration or other alternative methods. They make the best arbitrators, adjudicators, mediators and conciliators.  They act as very effective party representatives.  They also make good expert witnesses.  Even in civil litigation in the courts, experience indicates that knowledge and expertise in arbitral practices is an added advantage to advocates, which often makes the difference between good representation and excellent representation.