Which form of ADR?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Which form of ADR?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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This Practice Note may be read in conjunction with Practice Note: What is ADR? which provides, in tabular format, the key differences between litigation and the main types of alternative dispute resolution (ADR).

For general guidance on ADR, see Practice Note: What is ADR? (Note, although the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute resolution (NDR), for ease of reference, the term ADR is used in this Practice Note.)

Mediation is the best known and most established ADR process but it may not be the most effective for every dispute. It is worth remembering that parties have absolute control over which form of ADR they use (subject to any court order or any contractual requirement where the dispute arises out of a contract). They can agree to try whichever process they think will work best for their dispute.

From 1 October 2024, CPR 1.1(2)(f) enables the court to deal with cases justly and proportionately by promoting and using ADR. In addition, CPR 3.1(2)(o) allows the court to order the parties

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Jurisdiction(s):
United Kingdom
Key definition:
Alternative dispute resolution definition
What does Alternative dispute resolution mean?

A catch-all phrase describing the resolution of disputes other than by litigation.

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