This Practice Note provides guidance on choosing the most appropriate form of alternative dispute resolution (ADR) to resolve a civil dispute. It should be read in conjunction with Practice Note: What is ADR?, which considers the main types of ADR and their similarities and differences.
For information on the parties’ obligations to consider ADR and the courts’ powers with respect to ordering or encouraging the parties to consider ADR, both before and during any litigation, see Practice Note: Court powers to order or encourage ADR in civil proceedings.
Forms of ADR
Mediation is one of the most commonly recognised and used forms of ADR process but it may not be the most effective for every dispute. If the parties wish to consider ADR, or it is ordered by the court, the parties have control over which form of ADR they use, subject to any contractual requirement if the dispute arises out of a contract. They can agree to try whichever process they think will work best for their dispute or it may be that a combination of different
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