Alternative Dispute Resolution
At KCH Garden Square, we are committed to helping clients to resolve disputes, wherever possible, outside the court room. We have a panel of barristers trained and experienced in various forms of Alternative Dispute Resolution (ADR).
There are different formats of ADR process, including mediation, arbitration and early neutral evaluation.
Whatever the process, the essential purpose of ADR is to resolve disputes whilst minimising litigation. This allows the parties to remain in control, to save costs and to explore possible solutions outside the narrow scope of the court’s jurisdiction.
What are the ADR options?
Mediation is a form of assisted negotiation in which the parties seek to resolve their differences with the help of a neutral third party.
We have a panel of experienced mediators specialising either in family work or civil/commercial disputes.
We can offer family mediators to cover the full range of disputes including contact and child residence disagreements, education and relocation issues, divorce and financial disputes, post-cohabitation issues or child support. There is also scope to mediate on matters that are less contentious, but often just as important such as the drafting of pre–nuptial agreements or agreements for living together.
We can also assist with the mediation of civil and commercial disputes involving land and property, inheritance, contractual disagreements and trusts.
Arbitration is a form of judging that takes place privately. The parties select an independent and impartial arbitrator to resolve their dispute. It can be used for the vast majority of children and financial cases and is often found to be more flexible, efficient and cost-effective than the court process.
The arbitration takes place at a neutral venue and the process is managed by a trained arbitrator. The parties agree to then be bound by the arbitrator’s written decision of the appointed arbitrator.
Arbitrations are conducted by members of a panel of trained and accredited arbitrators. There are separate panels for Financial and Children arbitrations.
Arbitration often takes place in conjunction with mediation. For example, an arbitrator may suggest that mediation would benefit the parties and would then advise this as a route to take.
Private Dispute Resolution / Early Neutral Evaluation
A private FDR is an out-of-court process which focusses on family financial proceedings. In this process, an experienced barrister gives a view on potential outcomes to help the parties reach a decision.
We can also provide an Early Neutral Evaluation report to separating couples in relation to their financial and children arrangements. It is a “without prejudice” document that advises the parties on how a court is likely to approach the issues in dispute and provides a platform for finalising settlement. Although this neutral and independent assessment is not binding, it can be an effective step towards reaching a negotiated settlement.
These two processes are popular because they can lead to an earlier, cost-effective resolution, whilst allowing the parties to maintain control of their affairs.
These processes are designed to enable parties to reach an agreed resolution. This means that the parties involved retain control over the resolution of the dispute and, in the vast majority of cases, results in settlement.
ADR tends to be more cost-effective and efficient than litigation.
At the end of a fully litigated court case, very often all parties are left frustrated and disappointed.
In ADR, the parties retain control, are able to decide who can deal with their case and are far more likely to be satisfied with the outcome.
Where can this take place?
Any of these processes can take place at a mutually agreed venue or remotely via electronic platforms.
At KCH Garden Square we can offer mediation facilities at our office in central Nottingham.