Understanding Alternative Dispute Resolution
ADR refers to a range of processes designed to resolve disputes without proceeding to a full Court trial. For businesses, this can reduce legal costs, minimise disruption, and allow greater control over outcomes.
Courts actively encourage parties to consider ADR before issuing proceedings, and failure to do so can have cost consequences.
Common forms of ADR include:
- Mediation – a neutral mediator facilitates structured negotiations between parties.
- Arbitration – an independent arbitrator makes a binding decision.
- Without prejudice negotiations – confidential settlement discussions between parties or their solicitors.
- Early neutral evaluation – an independent assessment of the strengths and weaknesses of a case.
ADR can be particularly valuable where preserving ongoing business relationships is important.
Our role is to assess whether ADR is appropriate and represent your commercial interests throughout the process.
How we can help
Advising on the most suitable process
We assess your dispute and recommend the most effective resolution strategy.
Preparing for mediation
We help you clarify objectives, prepare documentation, and develop negotiation strategy.
Representing you in ADR proceedings
We attend mediation or arbitration to protect your position and advance your case.
Drafting settlement agreements
We formalise agreed terms in legally binding documentation.
Strategic negotiation support
We conduct settlement discussions to achieve commercially sensible outcomes.
Litigation where necessary
If ADR does not resolve the dispute, we can proceed with formal Court action.
