GreatWest Law · London solicitors
Mediation and Arbitration Solicitors Alternative Dispute Resolution
Court litigation is often a slow, expensive, public, and adversarial process that can damage commercial relationships and cause immense personal stress. Our firm specialises in Alternative Dispute Resolution (ADR), offering effective, confidential, and flexible methods to resolve disputes without the need for a full trial. We act as your strategic advisors and advocates, guiding you through structured negotiation to achieve practical and commercially sensible settlements.
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Resolve disputes privately and cost-effectively
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Services
- Mediation
- Arbitration
- Negotiation
- Conciliation
- Expert Determination
- Settlement Documentation
- Early Neutral Evaluation (ENE)
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What We Do
We advise on and represent clients across the full spectrum of non-litigious resolution techniques, ensuring you select the most appropriate method for your specific conflict.
This is the most common and informal type of ADR, where parties (or their solicitors) communicate directly to find a mutual agreement.
What it is
A voluntary and flexible discussion aimed at reaching a compromise. It can happen at any stage of a dispute, even before any legal action is considered.
Our Role
We act as your direct representative and advocate.
- Strategy: We analyse the strengths and weaknesses of your case to develop a clear negotiation strategy and establish your “bottom line.”
- Communication: We handle all correspondence and discussions with the other side, presenting your case in a firm, professional, and persuasive manner.
- Settlement: If an agreement is reached, we are responsible for drafting the legally binding Settlement Agreement or Consent Order to ensure the terms are clear and fully protect your interests.
Mediation is a flexible, confidential process where a neutral third party (the Mediator) actively helps the parties work towards their own negotiated settlement.
A facilitated negotiation. The Mediator does not make a decision or pass judgment. Their job is to manage the process, improve communication, and help the parties find common ground. The process is “without prejudice,” meaning anything said cannot be used in court.
- Preparation: We prepare you for the mediation, identifying your key objectives and the commercial realities of your position.
- Advisory: In most commercial mediations, we attend with you. We provide real-time legal advice, support you during joint and private sessions (caucuses), and help you analyse offers from the other side.
- Finalisation: If you reach an agreement, we work with the other party’s solicitor to draft the binding settlement agreement on the spot.
Arbitration is a formal, private, and legally binding alternative to court. It is often chosen for complex commercial disputes where confidentiality and technical expertise are essential.
A private trial. The parties appoint an impartial third party (an Arbitrator or a panel) to hear evidence and arguments from both sides. The Arbitrator then makes a final, legally binding decision called an Arbitral Award, which can be enforced by the courts.
Our role is very similar to that in litigation.
- Case Management: We manage the entire arbitration process, including appointing the Arbitrator, submitting formal statements of case, and handling disclosure of documents.
- Representation: We act as your advocate, preparing witness evidence and presenting your case at the arbitration hearing (often alongside a barrister).
- Enforcement: If you win, we handle the legal process of enforcing the Arbitral Award.
Conciliation is very similar to mediation but with a key difference: the conciliator takes a more proactive role in suggesting potential solutions.
A facilitated negotiation where the neutral third party (the Conciliator) will listen to both sides and may be asked to propose their own (non-binding) settlement terms. It is most famously used in UK employment disputes through the Advisory, Conciliation and Arbitration Service (Acas).
- Acas Early Conciliation: Before an employee can file an employment tribunal claim, they must engage in Acas Early Conciliation. We advise our clients (both employer and employee) on the merits of their case and the terms of any potential settlement (a COT3 agreement) proposed during this process.
- General Conciliation: We advise you on the conciliator’s proposals and the legal implications of accepting them.
This is a contractual, binding process used to resolve disputes of a purely technical nature (e.g., property valuations, accountancy disagreements, or construction defects).
The parties agree in their contract that if a specific type of dispute arises, they will appoint an independent expert in that field (not a judge or lawyer) to decide the issue. The expert’s decision is final and binding.
- Drafting: Our most critical role is drafting the expert determination clause in the initial contract. This clause must clearly define the expert’s jurisdiction and the exact issues they can decide.
- Process Management: We prepare and submit your case and evidence to the appointed expert, ensuring they are acting within the terms of their appointment.
ENE is a non-binding “sense-check” from a senior legal expert (like a retired judge or senior barrister) to help parties assess the strength of their case.
Both parties agree to present a summary of their case to the neutral evaluator. The evaluator provides an impartial opinion on the likely outcome if the case went to trial. This opinion is not binding but often acts as a reality check, encouraging the parties to settle.
We prepare the summary of your case and legal arguments for the evaluator. We then use the evaluator’s opinion to advise you on your next steps, whether that is to negotiate a settlement or proceed with litigation.
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Benefits We Provide
By choosing us to manage your dispute through Alternative Dispute Resolution (ADR) like arbitration or mediation, you gain significant strategic advantages over litigation.
Cost and Time Efficiency
ADR procedures avoid the lengthy, bureaucratic, and document-heavy processes of court litigation, resulting in significantly lower legal fees and faster resolutions.
Confidentiality
ADR is private. Unlike court proceedings, which create public records, all discussions and settlements in mediation and arbitration remain strictly confidential, protecting your reputation and sensitive commercial information.
Preservation of Relationships
The non-adversarial nature of mediation helps to preserve important long-term commercial or personal relationships, which would likely be destroyed by public litigation.
Flexible and Creative Solutions
ADR allows for innovative, commercially tailored solutions that a court cannot order. Parties can agree on payment plans, future collaborations, or non-monetary resolutions that meet both parties’ needs.
Control Over Outcome
You decide whether to accept a settlement. This contrasts sharply with litigation, where the judge dictates the outcome entirely, removing your control.
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FAQs
What is Alternative Dispute Resolution (ADR)?
ADR is a term that covers various methods of resolving legal disputes without going to court. It includes processes like mediation, arbitration, negotiation, and conciliation. The goal is to find a solution that is generally faster, cheaper, and less adversarial than traditional court litigation.
What are the main benefits of using ADR instead of going to court?
The primary benefits are:
- Cost: It is almost always significantly cheaper than a full court trial.
- Speed: A dispute can often be resolved in a day or two, rather than waiting months or years for a court date.
- Confidentiality: The process is private and “without prejudice,” meaning what’s said can’t be used in court. Court hearings are public.
- Control: Parties control the outcome by agreement (in mediation) rather than having a decision imposed by a judge.
- Flexibility: Solutions can be creative and commercial (e.g., agreeing to future business), which a court cannot order.
Is ADR suitable for all types of legal disputes?
It is suitable for the vast majority, including commercial contracts, employment issues, family separation, and personal injury. However, it may not be appropriate where a legal precedent needs to be set, emergency injunctions are required (like a freezing order), or where there is significant bad faith or abuse.
What does "without prejudice" mean in ADR?
This is a crucial legal privilege. It means any discussions, offers, or concessions made during settlement negotiations (including mediation) cannot be used as evidence in court if the dispute doesn’t settle. This encourages both sides to be open and frank without fear of it backfiring.
What is the main difference between Mediation and Arbitration?
This is the most important distinction. In Mediation, a neutral third-party (the Mediator) facilitates a discussion to help the parties reach their own voluntary agreement. The mediator has no power to impose a decision. In Arbitration, the parties appoint a neutral third-party (the Arbitrator) to act as a private judge. The arbitrator hears the evidence and makes a final, legally binding decision (an ‘Award’).
Is a mediation agreement legally binding?
The mediation process itself is voluntary. However, if the parties reach an agreement at the mediation, our role as solicitors is to immediately draft that agreement into a Settlement Agreement or Consent Order. Once signed, this document is a legally binding contract, fully enforceable by the courts.
Is an arbitration award legally binding?
Yes. An arbitrator’s award is final and legally binding. It can be enforced by the UK courts just like a court judgment. The grounds for challenging an arbitration award are extremely limited, making it a definitive way to end a dispute.
What is Conciliation, and how does it differ from Mediation?
Conciliation is very similar to mediation, but the conciliator often takes a more proactive or evaluative role. They may be asked to suggest potential settlement terms or offer their opinion on the merits of the case. In the UK, it is most famously used in employment disputes via Acas (Advisory, Conciliation and Arbitration Service).
What is Early Neutral Evaluation (ENE)?
ENE is a non-binding process where both parties agree to present a summary of their case to an independent, senior expert (like a retired judge or senior barrister). The expert provides an impartial assessment of the likely outcome if the case went to trial. This “reality check” often breaks a deadlock and pushes the parties toward a realistic settlement.
Is ADR mandatory in the UK?
Generally, it is not mandatory to reach a settlement via ADR. However, the courts strongly encourage its use. In many civil cases, a judge can penalise a party on costs if they are found to have unreasonably refused to participate in ADR. In some specific areas, a preliminary step is mandatory.
What is a MIAM in Family Law?
A MIAM (Mediation Information & Assessment Meeting) is a mandatory first step for most people applying to court for a divorce financial settlement or a child arrangements order. You must attend a meeting with a mediator to discuss whether mediation is a suitable alternative to court.
What is the solicitor’s role during a mediation?
Our role is critical. We do not just sit passively. We prepare your case thoroughly, advise you on strategy, help you evaluate offers in real-time, provide legal advice during private sessions, manage the negotiation, and (most importantly) draft the final binding settlement agreement
Why do commercial contracts often include an ADR clause?
Businesses include these clauses to manage risk. A multi-tiered dispute resolution clause might require parties to try good-faith negotiation, followed by mediation, before they are allowed to begin costly arbitration or court proceedings. It forces parties to try and resolve issues sensibly first.
What happens if we try ADR and it fails?
If ADR (like mediation) fails to produce a settlement, you have lost nothing except a small amount of time and cost. The process is “without prejudice,” so your legal position is protected. You are then free to proceed with court litigation or arbitration as if the mediation never happened.
What happens at the close of a successful mediation?
We draft a Settlement Agreement (or Minutes of Settlement/Heads of Agreement). This document transforms the non-binding discussions into a legally binding contract enforceable in court, providing finality to the dispute.
What makes an Arbitrator’s decision highly valuable in commercial disputes?
Parties can choose an Arbitrator who is an expert in the specific industry (e.g., shipping, construction, finance). This ensures the final binding decision, known as an Award, is based on specialist technical knowledge, which a generalist judge might lack.
Why is ADR highly favoured for disputes involving ongoing commercial partnerships?
Because the process is less adversarial than court and maintains confidentiality, ADR helps parties preserve the commercial relationship itself. This is often more valuable than “winning” the immediate legal battle.
What is our role during a mediation session?
Our role is to provide real-time strategic advice, evaluate the legal consequences of any proposed settlement, manage the negotiation, and advocate for the client’s interests to ensure they do not concede more than is necessary or advisable.
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