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...

Choosing the most appropriate ADR for civil disputes: mediation, ENE, expert determination, mini-trial, arbitration, adjudication, judicial appraisal and key selection factors

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note offers direction on selecting the most suitable method of alternative dispute resolution (ADR) for settling a civil dispute. It ought to be read alongside Practice Note: What is ADR?, which reviews the principal types of ADR and their respective similarities and differences. For details on the parties’ duties to contemplate ADR and the courts’ authority to direct or prompt consideration of ADR, both before and during any litigation, see Practice Note: Court powers to order or encourage ADR in civil proceedings.

Forms of ADR

Mediation is among the best known and most widely recognised ADR processes, yet it may not deliver the most effective outcome in every dispute, and it will not always be the suitable choice for a dispute. If the parties choose to pursue ADR, or the court so orders, they retain control over the type of ADR they adopt, subject to any contractual stipulation where the dispute stems from a contract. They may agree to test whichever process they consider most apt for their dispute, or decide that a combination of different processes will prove most effective...

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Web page updated on 27/05/2026

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