Jurisdiction(s):
United Kingdom

Key definition

Alternative dispute resolution definition

What does Alternative dispute resolution mean? Alternative dispute resolution (ADR) describes processes used to resolve disputes without issuing or continuing court proceedings. Common forms include negotiation, mediation, early neutral evaluation, expert determination, adjudication (particularly in construction), ombudsman schemes and, in many UK and Irish contexts, arbitration. ADR is a descriptive term rather than a single statutory definition. Individual processes are governed by legislation and court rules. In England and Wales, Scotland and Northern Ireland, courts encourage ADR through procedural rules and case law, with potential costs sanctions for unreasonable refusal to engage. In Ireland, the Mediation Act 2017 promotes mediation and requires solicitors to advise...

Solicitors’ role in mediation: ADR duties, persuading opponents, preparation, mediator choice, conduct, and settlement drafting (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note outlines the lawyer’s role in mediation, emphasising the routine requirement to assess and discuss Alternative dispute resolution (ADR) with the client. Where all parties choose to mediate, or the court orders it, it addresses the lawyer’s responsibilities for selecting the mediator, organising the mediation, Advising and supporting throughout the process, and drafting the settlement agreement.

Basis of lawyer’s obligations

ADR should be regarded as part of the Dispute resolution framework, and your involvement with ADR begins at the very start of a matter when you review with your client the available routes to resolve the dispute. A party’s legal representative must advise their client on the duty to consider ADR both before and during litigation, and on the courts’ powers to order or encourage ADR. The client should also be informed of the potential costs implications where a party unreasonably refuses to engage in ADR or does not comply with a court order for ADR...

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Web page updated on 21/05/2026

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