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Alternative Dispute Resolution can provide a practical route to resolving a disagreement without asking a court to determine every issue at trial. Lewis Nedas Law advises individuals, companies, shareholders, partners and entrepreneurs on mediation, arbitration, negotiation and other forms of ADR.
Speak to our Alternative Dispute Resolution solicitors in London on +44 20 7387 2032 or complete our online contact form to discuss the dispute and the options available.
Our dispute resolution team advises clients before proceedings begin and during active litigation. We assess the legal merits, evidence, commercial objectives, costs and relationship between the parties before identifying the form of dispute resolution that may suit the case.
Call +44 20 7387 2032 Request a ConsultationAlternative Dispute Resolution, usually shortened to ADR, is an umbrella term for processes used to resolve disputes without a full court trial.
ADR can be used for business, contractual, shareholder, partnership, property, professional and other civil disputes. It can take place before a claim is issued or during court proceedings.
The main forms of ADR include:
Negotiation, where the parties or their solicitors seek to agree settlement terms directly
Mediation, where an independent mediator helps the parties explore an agreed resolution
Arbitration, where an arbitrator or tribunal determines the dispute
Early Neutral Evaluation, where an independent person gives an assessment of the issues or merits
Expert determination, where an expert decides a technical or specialist issue under an agreed procedure
These processes serve different purposes. Mediation does not involve the mediator deciding who should win. Arbitration is adjudicative and usually ends with a binding award. Expert determination may be binding where the parties' contract or agreement provides for that effect.
Mediation is a flexible process in which an independent mediator assists the parties with settlement discussions.
The mediator does not impose an outcome. Each party retains control over whether to settle and on what terms.
A mediation may address more than the strict legal remedies available at trial. Parties can negotiate arrangements involving payment terms, share transfers, future business dealings, confidentiality or the end of a commercial relationship.
In civil disputes, discussions during mediation are usually conducted on a confidential and without prejudice basis. If settlement is reached, the agreed terms can be recorded in a written settlement agreement. Where court proceedings are already underway, the parties may use an agreed court order to record relevant terms.
Our lawyers prepare clients for mediation, advise during negotiations and review the terms of any proposed settlement before agreement is reached.
Arbitration involves referring a dispute to an independent arbitrator or tribunal rather than a court.
The parties may have agreed to arbitration when their contract was drafted. They can agree the seat of arbitration, applicable rules and method for appointing the tribunal.
Arbitration is frequently used for substantial commercial and international disputes. Depending on the agreement and applicable rules, it can offer procedural flexibility and a greater degree of privacy than open court proceedings.
An arbitral award is usually binding, subject to the limited routes for challenge available under arbitration law.
Lewis Nedas Law can advise on arbitration agreements, commencement of proceedings, tribunal procedure, urgent applications and the recognition or enforcement of awards.
Arbitration law in England and Wales was updated by the Arbitration Act 2025, which came fully into force on 1 August 2025. The reforms amended the Arbitration Act 1996 and included provisions concerning:
The law applicable to arbitration agreements
An arbitrator's duty to disclose circumstances that may raise justifiable doubts about impartiality
Summary disposal of issues with no real prospect of success
Emergency arbitrators
Court powers supporting arbitral proceedings
Challenges concerning the tribunal's jurisdiction
Under the amended framework, the law governing an arbitration agreement is generally the law expressly chosen for that agreement or, where no such choice has been made, the law of the seat of arbitration.
For businesses using arbitration clauses in commercial agreements, these reforms make it sensible to review both existing dispute resolution provisions and the drafting used in new contracts.
The reforms generally apply to arbitration agreements whenever they were made, but they do not apply to arbitral proceedings commenced before 1 August 2025 or to court proceedings connected with those pre-commencement arbitrations.
Our solicitors can advise on disputes governed by arbitration clauses and their interaction with the current statutory framework.
Formal ADR is not required in every dispute.
Direct negotiation between parties or their solicitors can resolve matters before the cost and complexity of proceedings increase.
A settlement may deal with payment, ownership, resignation, release of claims, confidentiality, future conduct or another commercial arrangement.
Offers need careful drafting. Some settlement offers can have consequences for costs if proceedings later continue.
Our dispute resolution solicitors advise on settlement strategy, written offers and settlement agreements with a view to protecting the client's legal position throughout negotiations.
Expert determination can suit disputes focused on a technical question rather than a broad conflict about law and evidence.
Examples can include company or share valuations, accounting questions, price adjustments, rent reviews and technical matters arising under commercial agreements.
The parties appoint an independent expert to determine the relevant issue under an agreed procedure.
Whether the decision is binding depends on the contractual terms and the agreement establishing the process. The scope for challenging an expert determination can be limited, making the wording of the agreement particularly significant.
Early Neutral Evaluation, or ENE, involves an independent evaluator assessing the dispute or a defined legal or factual issue.
The process can give parties an informed indication of how a case or particular argument may be viewed. That assessment can help narrow the issues and support settlement negotiations.
The court itself has case management powers that include hearing an Early Neutral Evaluation to assist parties in settling litigation.
ENE may be useful where a disagreement has become entrenched and an independent assessment could help move negotiations forward.
Yes. The Civil Procedure Rules now expressly give courts the power to order parties to engage in Alternative Dispute Resolution.
The court's case management role includes furthering the overriding objective, managing cases proportionately and helping parties settle disputes.
Conduct concerning ADR can affect costs. When deciding costs, the court can take account of a failure to comply with an ADR order or an unreasonable failure to engage in ADR.
Before proceedings begin, the Practice Direction on Pre-Action Conduct expects parties to consider ADR and try to settle issues without proceedings.
ADR should consequently form part of litigation strategy from an early stage rather than being treated only as an option shortly before trial.
ADR can be considered at almost any point in a civil dispute. It may take place:
Before formal legal correspondence
During the pre-action stage
Before proceedings are issued
After a defence has been filed
During disclosure or preparation of evidence
Shortly before trial
Settlement discussions can continue alongside court proceedings.
Timing can affect the prospects of resolving a dispute. In some cases, parties need enough information to assess their positions before meaningful negotiations can take place. In others, early intervention can prevent costs and hostility from increasing.
ADR does not remove the need for litigation in every case.
Court action may need to be considered where a party requires an urgent injunction, assets are at risk, a limitation deadline is approaching, evidence needs to be preserved or the other party will not cooperate.
A party may need a binding judicial determination where settlement cannot be reached.
Starting court proceedings does not prevent later mediation or negotiation. ADR and litigation can operate alongside one another as the case develops.
Our dispute resolution solicitors can advise on the relationship between settlement strategy and court procedure.
Lewis Nedas Law advises on ADR in matters including:
Company and director disputes
Property disputes
Employment disputes
International commercial disputes
The choice of process should reflect the legal issues, contractual terms, financial value and outcome sought.
Lewis Nedas Law's Dispute Resolution and Company/Commercial department is headed by Wilson (Will) Soares, Senior Associate Solicitor and Notary Public.
Will advises companies, entrepreneurs, high-net-worth individuals and families on disputes and commercial matters. His litigation work spans contract, company, property and estate disputes, including domestic and cross-border cases.
His international practice and work as a Notary Public give him regular experience dealing with overseas clients, authorities and documentation.
The wider Lewis Nedas Law team can assist where ADR overlaps with company, employment, property, insolvency, fraud or regulatory matters.
ADR covers processes used to resolve disputes without a full court trial, including mediation, negotiation, arbitration, expert determination and Early Neutral Evaluation.
Mediation is a facilitated negotiation in which the mediator does not impose an outcome. Arbitration is an adjudicative process in which an arbitrator or tribunal determines the dispute and normally issues a binding award.
The mediation process does not impose a decision. If the parties reach agreement, signed settlement terms can create a legally binding contract.
An arbitral tribunal normally issues a binding award. Rights to challenge an award are limited and governed by arbitration law.
Yes. The Civil Procedure Rules expressly allow courts to order parties to engage in ADR where the court considers that appropriate.
Yes. Negotiation, mediation and other forms of ADR can take place during litigation, and a case may settle before a final trial.
Choosing the right dispute resolution process can affect legal costs, commercial relationships, privacy and the time spent dealing with a disagreement. Our lawyers can assess the dispute and advise on mediation, arbitration, negotiation or another appropriate route.
Contact Lewis Nedas Law's Alternative Dispute Resolution solicitors in London on +44 20 7387 2032 or complete the firm's online contact form to discuss your dispute and the available options.
Call +44 20 7387 2032 Request a ConsultationThis page provides general information about alternative dispute resolution in England and Wales. It does not constitute legal advice. The most appropriate process for any dispute will depend on the circumstances, the nature of the claim and the outcome sought.
