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Facilitated dispute resolution processes meaning
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What does Facilitated dispute resolution processes mean?
In practice, this label is used for alternative dispute resolution procedures in which an independent third party manages the process and, after the parties present facts and submissions, delivers an outcome for them—typically binding (or temporarily binding).
It is a descriptive expression rather than one defined in UK or Irish legislation or case law, and broadly overlaps with determinative or evaluative ADR. Common examples include mediation–arbitration (med-arb), judicial appraisal (for example, early neutral evaluation), expert determination and adjudication.
Key features: a neutral directs procedure; parties present evidence and argument; the neutral issues a decision or evaluation that the parties have agreed will bind them or will guide settlement. Across England & Wales, Scotland and Northern Ireland, construction adjudication is statutory under the Housing Grants, Construction and Regeneration Act 1996 and the Construction Contracts (Northern Ireland) Order 1997; in Ireland it is under the Construction Contracts Act 2013. Adjudicators’ decisions are enforceable on a “pay now, argue later” basis. Expert determination is contractual and commonly used for valuation or technical disputes, with limited grounds to challenge. Med-arb culminates in a binding arbitral award if mediation does not resolve all issues. These processes contrast with purely facilitative, non-binding methods such as mediation or conciliation.
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View the related Practice Notes about Facilitated dispute resolution processes
PRACTICE NOTES
Cross-border ADR for UK dispute resolution practitioners: arbitration, mediation and enforcement (Singapore Convention), EU Mediation Directive post-Brexit, European Code of Conduct, and construction adjudication/dispute boards
This Practice Note explores various alternative dispute resolution (ADR) options used in cross-border disputes. What is ADR? ADR denotes a collection of methods for resolving disagreements other than through the trial process. It offers a confidential means of settlement outside a court of law, whereby a dispute or difference is referred to an impartial individual or panel, either for determination or to help the parties achieve a negotiated resolution of their dispute. The process may lead to a binding outcome if the agreement by which the parties submit the dispute to ADR so provides. Note that the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute resolution (NDR), which can broadly be classified as either facilitated processes or imposed decisions. The two principal forms of ADR are arbitration and mediation. For insight into the range of ADR types available, see Practice Note: What is ADR? Arbitration The most consistently utilised ADR method in cross-border disputes is arbitration. This is a private form of...
21 May
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PRACTICE NOTES
ADR in Civil Proceedings: Definitions, Main Processes, and Comparison with Litigation (England and Wales)
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their respective advantages and disadvantages, see Practice Note: Which form of ADR?...
21 May
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