Alternative Dispute Resolution (Mediation Adjudication and Arbitration)
"Alternative" dispute resolution processes involve the parties to the dispute retaining a greater degree of control over how their dispute is resolved than they have in the court or tribunal process.
They cover a spectrum from arbitration, where the parties can choose the law applicable to the dispute and process and (to some extent) the arbitrator, to mediation, where the parties also retain control over the outcome (including whether or not there will be one).
Most of these processes (arbitration is the main exception) can run alongside court proceedings.
Thea Limited's ethos (see "Why Thea Limited?") favours alternative dispute resolution. We find that many would-be litigants wish to control the cost of the process, but cannot control the time input required from us (see "Engaging Thea Limited"). The alternative dispute resolution processes offer the chance to resolve the dispute more quickly, and consequently at less cost.
Some of the processes, notably mediation, require the cosent of all the parties to the dispute. Others, notably adjudication under construction contracts, are compulsory if one party validly initiates them. Even parties who are determined to pursue their dispute through the courts, therefore, must be prepared to deal with any alternative process that their opponents seek to initiate.
We are particularly familiar with the mediation process, as we participate in it both as mediator and as mediation advocate.
We explain in more detail what each process involves under the "Services" tab.
