Jurisdiction(s):
United Kingdom

Related legal acts

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...

Mediation in contentious trusts and estates: CPR framework, leading cases, timing, parties, settlement mechanics and costs consequences (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

Mediation has become increasingly prevalent as a form of Alternative dispute resolution (ADR) in the UK since the Access to Justice Report. It is consistently promoted by the courts as part of the overriding objective under CPR 1.4(2)(e). The courts also now hold explicit powers to direct parties to ADR under CPR 3.1(2)(m), and parties are required to consider it under the Practice Direction – Pre-action Conduct and Protocols. This is further reflected in the Chancery Guide, para 10.1.

While the Civil Procedure Rules do not provide a specific pre-action protocol for probate and trust disputes, the Association of Contentious Trust and Probate Specialists has issued a Code to support practitioners. It states at 2.18 that parties should at all times evaluate whether ADR is suitable and note that the court may now order participation in ADR. ADR takes various forms, including:

Mediation
Early neutral evaluation (court-based and private)
Financial Dispute resolution (court-based and private)
Expert determination
Arbitration

Not every process is right for every matter. In the Court of Appeal case of PGF II SA v OMFS Co, the...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

James Davies

New Square Chambers

James Davies has a civil practice specialising in commercial and chancery matters. He appears regularly in the County Court and the High Court on interlocutory applications and appeals as well as fast track and multi-track trials. Before coming to the Bar James qualified as a Chartered Accountant. His professional practice included the audit of family owned companies (in particular construction businesses) and professional partnerships. James continues to remain up to date with industry developments and is able to apply his commercial experience to many of his cases. His commercial practice extends to shareholders and share purchase disputes, along with insolvency, both personal and corporate. His probate practice includes contentious and non-contentious work, including contentious probate, claims for breach of fiduciary duty, applications to remove personal representatives, statutory wills and 1975 Act claims. ...

Web page updated on 28/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...