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GLOSSARY

Alternative dispute resolution definition

Published by a LexisNexis Dispute Resolution expert

What does Alternative dispute resolution mean?

A catch-all phrase describing the resolution of disputes other than by litigation.

It encompasses mediation, arbitration, conciliation and other similar processes. An unreasonable failure to engage in ADR can have costs consequences for a party which is successful in litigation.

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Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Discover our 16 Checklists on Alternative dispute resolution

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration (and sometimes also dealing with jurisdiction and applicable law). However, it is possible to include a dispute resolution clause which provides an alternative to this by setting out other forms of alternative dispute resolution (ADR) to be followed in the event of a dispute. These are sometimes identified as ADR clauses.Parties have several options open to them (see list below), but it is important to understand the consequences of your drafting decisions. This Practice Note considers some of the clause options available and assess some of the issues in relation to each type of clause.The types of dispute resolution clause considered in this Practice Note are:•litigation only clauses•mediation clauses•multi-tier clauses (escalation clauses)•hybrid clauses, and•carve-out clausesFor guidance on the key issues as to the enforceability of dispute resolution clauses and challenging jurisdiction (including applying to stay proceedings) where proceedings are commenced in breach of such a clause, see Practice Note: Drafting a dispute...

Mediation—advantages and disadvantages

This Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales.What is mediation?Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (ADR).Mediation is a confidential process which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute.For an overview of the mediation process, see: Mediation—overview.The Ministry of Justice published a ‘guide to a civil mediation’ in July 2021 which provides information about the benefits of civil mediation and how to find a mediator.Why consider mediation?There are many reasons why seeking to settle a dispute may be appropriate, ranging from preservation of a commercial relationship between the parties, minimising litigation cost and time and maintaining confidentiality surrounding a dispute. For general information on settling disputes, see Practice Note: Settling disputes—what, when and why settle?Therefore, when advising a client at the outset of a dispute, it is important to consider...

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Alternative dispute resolution clause

Alternative Dispute Resolution

Confidentiality agreement — restructuring & insolvency

Confidentiality agreement — restructuring & insolvency This Agreement is made [insert day and month] 20[insert year] Parties 1 [insert name of debtor company] a company incorporated in [insert country eg England and Wales] under number [insert registered number] whose registered office is at [insert address] (the Company); and 2 The Creditors (as set out in the Schedule) (the Creditors); (each of the Creditors and the Company being a Party and together the Creditors and the Company are the Parties). Recitals (A) the Company agrees to disclose information to the Creditors and the Creditors agree to keep that information confidential and use it solely for the purposes of evaluating, negotiating, monitoring and implementing a [Standstill Agreement OR Restructuring Agreement]. (B) [insert any further recitals]. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement, unless otherwise provided: Authorised Person • means any officer, employee, director, consultant, agent, affiliate or representative of the Creditors [the Reporting Accountant] and any other legal or financial...

Dive into our 74 Precedents related to Alternative dispute resolution

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation? Multi-tier dispute resolution clauses Contractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant disputes under their contract shall be resolved by mediation followed by, in the event that mediation is not successful, binding arbitration. Indeed, many model alternative dispute resolution (ADR) clauses provide for such an approach—see for example, Mediation followed by arbitration: Chartered Institute of Arbitrators: Atkin's Court Forms [214]. The fact that parties agree for mediation to take place in one location and for arbitration to take place in another is, once again, subject to relevant applicable law, a matter of party autonomy, although such approach will have logistical challenges for the parties and they should consider issues such as, for example, what will be the law of...

Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a remote mediation?

Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a remote mediation? This question is difficult to answer as it has yet to come before the court and, as all litigators know, exactly what a court is going to do is difficult to predict! However, recent case law indicates that the courts are, perhaps, becoming tougher on parties who unreasonably refuse to try alternative dispute resolution (ADR)—see, eg the recent case of Wales (t/a Selective Investment Services) v CBRE Managed Services where the successful defendant was deprived of a substantial proportion of its costs on the basis of an unreasonable refusal to mediate. This decision follows closely behind those in DSN v Blackpool FC (see News Analysis: Indemnity costs under Part 36 and extended for refusing to engage in ADR (DSN v Blackpool Football Club)) and BXB v Watch Tower where the claimants successfully sought indemnity costs on...

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EU Law weekly highlights—5 June 2025

This week's edition of EU Law weekly highlights includes analyses of the Court of Justice’s judgments on Malta’s investor citizenship scheme and right to rectification of personal data related to gender identity. In addition this week, the European Commission has published its proposal for the 2026 EU budget, adopted the European Water Resilience Initiative, proposed a two-year delay for the due diligence provisions of the Sustainable Batteries Regulation, launched a call for evidence on political advertising transparency, launched a public consultation to inform the forthcoming Data Union Strategy, published guidance on anticipatory investments in EU electricity grids, launched a call for evidence to inform the development of an EU strategy for nuclear fusion energy, the European Union Intellectual Property Office extended its mediation services and the Council of the EU agreed its position on the ‘pharma package’.

PI & Clinical Negligence weekly highlights—5 June 2025

This week's edition of PI & Clinical Negligence weekly highlights includes news of interest rate reductions for Court Funds Office accounts effective 30 May 2025 following a decrease in the Bank of England’s base rate, and a new guide for the Court of Appeal (Civil Division) introducing mandatory electronic filing and streamlined procedures for civil appeals. We consider a High Court decision where a teenage passenger’s claim for brain damage from a motorbike accident was reduced by 20% for contributory negligence for not wearing a helmet and accepting a ride from an inexperienced rider. We also bring you a workplace COVID-19 appeal that was allowed due to errors in applying the causation test during summary judgment, and a claim involving occupational injury from acoustic shock that was dismissed after the required diagnostic criteria were not met. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest and we have included a free webinar.

Read the latest 113 News articles on Alternative dispute resolution