Until recently, if you had a legal problem, you would have gone to court or a tribunal. However, there are other methods of resolving disputes. Moreover, going to court can be expensive and off-putting. Expert Legal Advice an help you. We provide low cost, efficient legal advice and can assess what sort of alternative would suit you best. Here is our low down on Alternative Dispute Resolution:
‘Alternative dispute resolution’ (ADR) include things like arbitration, mediation and ombudsmen schemes. With most types of problem, courts encourage people to consider these sorts of schemes first before they use litigation.
This article explains how the different schemes work, and when you can use them. If you have a problem, and still can’t solve it by reading these articles, you can speak to an expert at Expert Legal Advice.
Why use an alternative dispute resolution scheme instead of going to court?
ADR schemes are not meant to replace the courts in all cases. But they can have advantages over going to court. These include:
- flexibility;
- speed;
- being less stressful; and
- costing you less money.
If you have a problem with a person or organisation you deal with regularly (a neighbour, for example), ADR can mean a better, longer-lasting solution to your problem. It may also result in better communication with them in the future.
You can also use some ADR schemes as well as going to court or a tribunal. For example, mediation can help everyone focus on the issues that are causing the problem, making it easier for you to reach an agreement or for a judge to make a decision.
Do I need a lawyer to use alternative dispute resolution?
Just as you would seek advice when going to court, you should in most cases seek Expert Legal Advice when choosing an ADR method and when reaching agreements. Advice can also be useful when you are writing a complaint letter or using a formal complaints procedure. Expert Legal Advice can provide efficient and helpful, professional advice.
How do I decide whether to use an alternative dispute resolution scheme?
How you choose to solve your problem depends on:
- the result you want;
- what you can expect to achieve;
- how you want to go about solving your problem; and
- how willing the other side is to try and solve the problem.
1) The result you want
You can get different things from going to court than from ADR. By going to court, you might get:
· an order that something be done or stopped;
· compensation; or
· a judgement from the court about who is right and who is wrong.
By using an ADR, you might get:
· a change in the way a person or organisation behaves;
· a promise that a person or company won't do something;
· something you own repaired;
· something you own replaced;
· an apology;
· an explanation for what happened to you;
· a mistake corrected; or
· compensation (for example, for an injury).
2) What you can expect to achieve
What you want to achieve may not be possible for your particular problem, and it’s important to know this before starting out. For example, you might want to use mediation to get a full explanation of what went wrong.
Another important factor is identifying who the other side is – who is responsible for what happened. In some cases this is straightforward. But in others (some consumer disagreements, for example), it can be difficult to identify the person who gave you the service or made the decision, and the person who is legally responsible.
In cases of discrimination at work, for example, employers are often responsible for what their employees do. In the case of a complaint about neighbour nuisance the neighbour or the landlord might be the right person to approach. If you are not sure who is responsible, Expert Legal Advice can help you.
3) How you want to go about solving your problem
No single form of dispute resolution can give you everything you want. The result is only one thing to think about – how the problem is resolved can be just as important. Things to think about include:
· what it will take to get your problem sorted out;
· how much it will cost;
· how it will affect your life, including your family and your work; and
· how much time you can spend on it.
When thinking about your options, remember to take into account your own costs and expenses, such as travel, childcare and time off work.
How do alternative dispute resolution schemes work?
There are many different types of ADR scheme. The one (or ones) you choose to use will depend on:
- how you want your problem dealt with; and
- what sort of problem you have - not all methods are available for every kind of problem.
How much does alternative dispute resolution cost?
When working out how much it will cost to deal with a problem, you need to take into account:
- fees or charges for the alternative dispute resolution service (unless it is free);
- your own expenses, including things like travel and photocopying;
- the cost of legal help and advice; and
- the risk of you not getting what you want.
For example, you need to know if you will be responsible for paying the other side’s legal fees and other expenses if you lose. And you need to know if you can expect to get your costs and expenses paid if you win.
The general principle that applies in civil courts in England and Wales is that the ‘loser’ pays the other side’s costs as well as their own, except in the family courts, where each side normally pays their own costs. In alternative dispute resolution, the general principle is that each side pays their own costs.
You should also be aware that if you unreasonably refuse to consider a form of ADR before or during civil litigation, then you may not get your legal costs back, even if you win.
Mediation costs can vary, depending on the type of mediation. For example:
- community mediation is usually free to local residents;
- family mediation services often charge an hourly rate. Some have a scale of fees, so what you pay depends on how much money you have. You may be able to get help with the costs of family mediation through the Community Legal Service; and
- commercial mediation providers charge according to the complexity and value of the claim.
If you are eligible for legal aid, the Community Legal Service fund will pay for the cost of your mediation or other form of alternative dispute resolution. Sometimes, the organisation you are complaining about pays all the costs because they are the financially stronger side.
Ombudsman schemes tend to be the least expensive to use, as they are free to the person complaining. Community mediation doesn’t cost much either. It usually involves face- to-face meetings, so you may have to pay travel and other expenses, but you may be able to get these back as part of a mediated agreement if both sides agree to this.
You may have to pay for travel expenses, childcare costs, and time off work if you have to go to a hearing. Photocopying evidence can be expensive, so don’t forget this cost if you are using a process such as arbitration where you have to provide many documents.
Can I get help with the costs?
You may be able to get help with the costs of using an ADR scheme if you are eligible for legal aid. This will depend on whether you can afford to pay and if you meet other conditions. If you meet these conditions, you may get help with:
- the costs of preparing your case for mediation or arbitration;
- the cost of legal advice before and during an ADR;
- the fee for mediation or arbitration.
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