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...

Tenders in Scottish civil litigation: nature, timing and expenses consequences, with worked examples and QOCS exceptions

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines defenders’ tenders in civil proceedings in Scotland. For guidance on:

further aspects relating to judicial tenders in Scotland, see the Practice Notes: Making and responding to judicial tenders in Scottish civil litigation, and Tenders in multi-party Scottish civil litigation
alternative, extra-judicial settlement routes in Scottish civil cases, see Practice Notes: Alternative dispute resolution in Scotland, Pursuers’ offers in Scottish civil proceedings, and Scotland civil disputes: negotiating and drafting a settlement agreement—checklist
the nearest counterpart in civil proceedings in England and Wales, see Settlement and settling disputes—overview, which, as well as providing an overview of the topic, links through to more detailed guidance on settlement mechanisms in England and Wales, including Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) and Without prejudice communications

Tenders—nature and purpose

During contested litigation, defenders deploy tenders to exert pressure on a pursuer by creating the prospect of adverse expenses consequences if a tender is accepted late, or if it is not bettered at proof. Tenders operate in a way akin to Part 36 offers in England and Wales. They are generally not creatures of statute, nor are they regulated by any rules of court...

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Web page updated on 22/05/2026

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