Where can I find an ADR provider?
Your choice of ADR (Alternative Dispute Resolution) provider for your small claim should ensure that parties are on a equal footing and the dispute is dealt with in way that is proportionate to the:
- money involved
- importance of the case to each party
- complexity of the issues
- financial position of each party
The last point is especially important where the dispute is between a consumer or smaller trader and a larger business where the strengths of the parties as so unequal and could lead to injustice or you are a first time user of either ADR or the courts.
Your choice of pre-action ® ADR® as a suitably experienced proportionate provider will ensure ADR is always offered in good faith and it is not allowed to be used by one party as a process to delay resolution of a dispute.
When should ADR be offered?
The choice of the point at which mediation is to take place varies.
Used early pre-court it can significantly reduce costs but in most cases ADR is likely to be more successful if the parties are in possession of the pre-action disclosure and, where relevant, witness statements.
Following pre-action protocol disclosure the ability to be aware of, and to assess the strength of the evidence on both sides is likely to lead the parties to a have a greater degree of confidence in the process and therefore increase the chances of success.
Why offer Online Dispute Resolution (ODR)?
Online Dispute Resolution (ODR) was born by the combination of Alternative Dispute Resolution (ADR) and Information and Communication Technologies. With ADR® there are three parties: the claimant, the defendant and the third neutral party. ODR introduces computers and software – as the independent third party to help manage the dispute.
ODR has the same ADR advantages over litigation of greater efficiency, greater party control and lower costs. The introduction of technology increases these advantages of ADR over litigation. The system can help solve disputes especially where the parties are located far from each other or one party is failing to engage. It can also be key to managing customer relations and business reputation.
The pre-action ® ADR® service enables a claimant to fulfil their pre-action obligation to offer the defendant ADR by providing a private environment for the parties to attempt to settle a matter online . It is essential for ADR to continue to be offered in parallel with preparations for court and after proceedings are issued – right up to the point of a possible hearing.
The online offer of dispute resolution is included in the pre-action ® ADR® service.