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Wrexham

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10 Grosvenor Road, Wrexham, LL11 1SD



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Chester

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2 Vicars Lane, Chester CH1 1QX



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Llanrwst

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Bank Buildings, Llanrwst, Conwy, LL26 0LS



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Different types of Alternative Dispute Resolution

Further to our previous article on Alternative Dispute Resolution, here are some of the different types of ADR available:

Mediation

Typically a third party will have been selected as a Mediator – as the word suggests for them to mediate between both parties. The Mediator will have full knowledge of the case and will discuss it in turn with both parties. The Mediator will not pass on any information from one party to another, the discussions are completely confidential. The Mediator will then be in a position to identify the key issues for both parties and will attempt to bring both parties towards a solution. Usually mediation will take place in the same building, with both parties in separate rooms.

Arbitration

A non-court alternative method of resolving disputes, where an arbitrator or panel of arbitrators is appointed by the parties to make a binding decision, from which there are very limited grounds of challenge. Arbitration may be either ad hoc (where the parties determine whatever rules they may consider appropriate for the arbitration) or administered (where the arbitration is conducted under the auspices of one of several arbitral organisations.

Expert Determination

The parties select an expert to decide the case for them. Both parties agree to accept the expert’s decision as final, and if one party does not accept the decision then the other party can sue for breach of contract. This option is usually used when a valuation is required and/or expert opinion is required on a technical matter.

Early Neutral Evaluation

A chosen neutral is instructed by the parties – usually a judge or retired judge to make an initial assessment of the case and will state his view on the likely outcome at trial. The view is without prejudice and has no binding effect. This method usually aids the party to negotiate a settlement or to consider another method of ADR with a view to settling the case and avoiding litigation.

Should you wish to discuss any matters relating to this article please contact Catrin Williams Trainee Solicitor on 01492 641222 or by email [email protected]

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The professional rules relating to solicitors' firms, including the Code of Conduct can be accessed on the website of the Solicitors Regulation Authority at www.sra.org.uk

Allington Hughes Law is a trading name of Allington Hughes Limited. Registered office is 10 Grosvenor Road, Wrexham LL11 1SD

Registered in England and Wales. Company registration number 07831162.

Authorised and regulated by the Solicitors Regulation Authority number 597867

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