Alternative Dispute Resolution (ADR)

Invictus Chambers offers a Alternative Dispute Resolution (ADR) service to individuals and companies involved in disputes who are interested in resolving their issue outside of the litigation sphere.

What is ADR?

ADR takes many forms (mediation, arbitration, adjudication, etc) but a common theme running through them is the ability of parties to try and resolve their legal disputes outside a courtroom, which has the benefit of saving the parties a lot of time, money and stress.

Mediation

Mediation is an informal, voluntary and confidential process where parties to a dispute are brought together before a neutral professional third party who tries to assist the parties in resolving their dispute. However, the decision to settle and on what terms, lies with the parties themselves and not the mediator.

Mediation has an advantage over litigation as it offers the parties the flexibility and opportunity to resolve all disputes between them and not simply the issues which are legal in character. It is cost and time effective and statistics show that 80% of cases settle at or soon after mediation. 

What can you expect?

The mediation process can be very flexible, however, a mediation usually takes the following form:

  1. The nominated independent mediator will be responsible for the administration, such as the organisation of the venue and date; will liaise with the parties regarding documents and agree any pre-mediation agreements, such as confidentiality agreements, etc.
  2. Each party will be asked to provide a brief written statement setting out their view of the dispute.
  3. The parties, and where applicable their representatives or advisers, will meet with the mediator at the agreed venue where the mediator will explain the process  and allow the parties to give their opening statement.
  4. The parties will be split into separate private rooms, allowing the mediator to run a shuttle process moving from one party to the other for private discussions on what each party wants and relaying any views or information with the consent of one party to the other.
  5. If appropriate, the mediator may suggest that the parties meet face-to-face again at various points during the course of the mediation.
  6. If an agreement is reached, this is recorded into a binding legal agreement. Until this point, there is no commitment or prejudice on either side.

The mediator’s role is to encourage both sides to talk and to agree on a solution between them. The mediator does not suggest or impose a solution, nor does s/he give advice or pass judgment on either party to the dispute. Where a mediation is successful, the fact that the parties have agreed the terms between themselves means that they are far more likely to abide by them.

In addition to “face to face” mediation, Invictus Chambers is also able to offer the following forms of mediation to suit the needs of parties:

  • Online dispute resolution
  • Telephone disputes resolution

Why choose us?

All our mediators are fully insured, continuously update their education and practice in mediation skills and are committed to the European Code of Conduct for Mediators and accept instructions from parties involved in both domestic and cross-border disputes.

The mediation services offered by Invictus Chambers include the following:

Commercial Mediation

  • Disputes over the supply of goods or services
  • Partnership disputes

Workplace Mediation

  • Inter-employee disputes
  • Employer-employee disputes

Neighbourhood Disputes

  • Noise and other forms of nuisance, including anti-social behaviour
  • Parking issues
  • Boundary disputes
  • Barking dogs

Community Mediation

  • Any form of dispute within a community
  • Disputes between parents, children and other family members
  • Disputes between teachers, parents and pupils

To find out how the Invictus Chambers’ Mediation Service might be able to assist you in resolving your dispute, please contact us at: mediation@invictuschambers.org or 020 7936 1921

Complaints

Feedback is very important to us and if should are unhappy with the service you have received, you may submit a complaint through the Invictus Mediation Service Complaints Procedure.

Arbitration

Arbitration is a form of alternative dispute resolution where the dispute or difference between the parties is resolved by the award of one or more nominated Arbitrators. Arbitration is a private, formal and binding process and the parties must consent to arbitration. The Arbitrator or Arbitrators must be agreed by the parties or nominated by an independent body. Arbitration awards are generally more readily enforced in other jurisdictions than a court judgment from another jurisdiction.

ADJUDICATION

Adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 (“the Act”) and applies to the Construction Industry. The Act provides the parties to a construction contract with a statutory right to refer a dispute to adjudication. The Act was amended by the Local Democracy, Economic Development and Construction Act 2009. The Act provides a 28 day procedure whereby the Adjudicator is required to render his decision within 28 days of the referral, however, this can be extended. The Adjudicator’s decision is binding on an interim basis until the dispute is finally determined by litigation or arbitration or by agreement.

 

Our members specialising in Alternative Dispute Resolution are: