| Commentary

80 When is ADR appropriate?

| Commentary

80 When is ADR appropriate?

Since the aim of ADR is to achieve a solution that is acceptable to both parties, it is vital that they approach it with a genuine desire to reach a settlement. Neither party can ‘win’ in the sense of defeating the other. ADR can be used as an alternative or precursor to litigation or arbitration, or where such proceedings have already been commenced; indeed, it is often very effective when deployed against the background of formal proceedings1.

Generally, it is appropriate to consider using ADR once each party has sufficient information regarding the dispute to enable

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