Alternative Dispute Resolution

Alternative dispute resolution (ADR) refers to methods of resolving disputes outside court proceedings, principally mediation, arbitration, adjudication, and early neutral evaluation. The courts actively encourage ADR as part of the overriding objective under CPR 1.1 to deal with cases justly and at proportionate cost. Unreasonable refusal to engage in ADR can result in costs sanctions.

In practice

The court may stay proceedings to allow the parties to attempt ADR, and routinely asks whether the parties have considered it at allocation and at case management conferences. Following Churchill v Merthyr Tydfil CBC [2023], courts can order parties to engage in non-court-based dispute resolution. Mediation is the most common form: a neutral mediator facilitates negotiation between the parties without imposing a binding decision.