ADR and dispute resolution clauses

The Practice Notes in this subtopic provide users with an understanding of what alternative dispute resolution (ADR) is, the different types of ADR that are available and the key differences between them, as well as considering the development of ADR and the court’s power to encourage or order the parties to consider ADR as an effective means of resolving civil disputes otherwise than in the court system. It also considers the different types of dispute resolution clause which parties may include in their commercial agreements, including those providing for different forms of ADR (including tiered and hybrid clauses).

Although the Commercial Courts refer instead to negotiated dispute resolution (NDR), for ease of reference the term ADR is generally used throughout the content in this subtopic.

For cross-border disputes, see also: Cross-border ADR—overview.

For guidance on recent developments in ADR, see Practice Note: Tracker—ADR developments.

For general guidance on settling disputes, see:

1. •

   Settlement and settling disputes—overview

2. •

   Part 36 offers—overview