A Better Way to Resolve Disputes

Understanding Alternative Dispute Resolution: A Better Way to Resolve Disputes

Disputes are an inevitable part of life—whether in business, family matters, or between neighbours. But going to court isn’t always the best way to resolve them. Alternative Dispute Resolution (ADR) offers a quicker, more cost-effective, and often less confrontational way to settle disagreements.

At GWCA Solicitors, we regularly guide clients through ADR to help them reach fair outcomes without the stress, delay, or cost of litigation. In this post, we explain what ADR is, the different types available and how it could benefit you.

What Is Alternative Dispute Resolution?

ADR refers to a range of processes designed to help parties resolve disputes without going to court. It promotes communication, cooperation, and solutions that work for everyone involved. In many cases, the courts now encourage or even expect parties to attempt ADR before proceeding with formal litigation.

The Main Types of ADR

1. Mediation

Mediation involves an independent, trained mediator who helps both sides reach a voluntary agreement. The mediator doesn’t make decisions or take sides but facilitates productive dialogue between the parties.

Confidential and informal
Quicker and cheaper than court
Parties remain in control of the outcome
Often used in family law, workplace disputes, property, and commercial matters

If a resolution is reached, it can be written into a legally binding agreement.

2. Negotiation

Negotiation is the most informal method of ADR and simply involves the parties discussing the dispute directly (or through their solicitors) to reach a settlement.

Can happen at any stage of a dispute
No third party involved
Highly flexible and cost-effective
Can be as simple as an exchange of emails or letters

Solicitors often play a key role in ensuring the negotiation stays focused and fair.

3. Conciliation

Conciliation is similar to mediation but with a subtle difference: the conciliator may take a more active role, suggesting solutions or giving their opinion on the merits of the case.

Common in employment disputes, such as those handled by ACAS
Still voluntary and confidential
Parties have the final say in accepting any settlement

Conciliation can help overcome deadlock where parties need more guidance.

Why Choose ADR?

Cost-effective – ADR is usually far cheaper than court proceedings.
Faster resolution – Disputes can be resolved in days or weeks, not months or years.
Confidential – Unlike court, ADR is private and discreet.
Preserves relationships – Especially useful in family, workplace, or neighbour disputes.
Flexible outcomes – ADR allows for creative solutions that a court may not be able to impose.

When Should You Consider ADR?

You should consider ADR:

Before taking legal action
If you value speed, cost savings, and confidentiality
If you want to preserve a personal or professional relationship
When the courts recommend or require it (as they increasingly do)

How We Can Help

At GWCA Solicitors we’re committed to resolving disputes efficiently and sensitively. Our experienced solicitors can:

Advise you on the best form of ADR for your situation
Prepare you for mediation, conciliation, or negotiation
Represent you throughout the process to protect your interests
Help formalise any agreement you reach

Whether you're facing a family, employment, commercial, or civil dispute, we're here to guide you toward a practical, fair, and lasting resolution.