If you’re considering an alternative to litigation

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Not all disputes enter the court system or proceed to trial. Particularly in light of the significant increase in court fees from April 2015, parties often decide to engage in alternative dispute resolution (known as “ADR”). Our solicitors are experienced in resolving disputes by:


Negotiation comes in many forms, it may be in writing or at a “without prejudice” meeting and could be during or entirely separate from and before any formal proceedings are issued.


Mediation is often an effective form of alternative dispute resolution, encouraged by the Courts. With use of an independent third party mediator, a number of our most complex commercial disputes have been resolved by mediation. Mediations take place on a without prejudice basis, this means that if terms cannot be met, any discussions at the mediation are entirely confidential and cannot be referred to in the Court which is useful in encouraging the parties to be open and objective in their mediation discussions. Given increased Court costs and the risk, time and costs of litigation, mediation is being used an effective way to try to resolve disputes without a full trial.


Arbitration is a form of alternative dispute resolution which involves appointing an Arbitrator to determine the dispute. In the last 12 months there has been a significant increase in Court fees meaning that Arbitration has become more attractive and we expect to see a rise in the number of arbitrations being used as an effective way to resolve commercial disputes.


Adjudication is a form of alternative dispute resolution used, particularly in construction contracts, to resolve disputes without the parties needing to incur the time and costs of court proceedings. If you are considering adjudicating a matter, please contact a member of our Dispute Resolution Team.

Find out more from our Dispute Resolution team

Get in contact with our team by using the contact form on this page, calling or emailing on contactus@kennedyslaw.com

You can also read our blog on alternative dispute resolution.

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