Alternative dispute resolution
What is alternative dispute resolution? (ADR)
ADR is a way to resolve disputes without going to court. It is often seen as a cost effective alternative to court hearings. Here are 3 common forms of ADR:
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Mediation is when a neutral third party facilitates a conversation between those taking part in the mediation to come to a solution all agree to. An agreement is not binding
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Arbitration is when a neutral third party makes a decision on a matter after considering all points from the parties involved
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Neutral evaluation involves an independent, qualified individual (the evaluator) considering the merits of the case and expressing their view, orally and in writing, with the aim of assisting parties in achieving a consensual resolution
What do we do?
We work closely with providers of alternative dispute resolution, including mediators and arbitrators at the family and civil law Bars. We encourage ADR where it benefits the client and provides greater access to justice.
Our Alternative Dispute Resolution Panel promotes awareness of ADR, mediation and arbitration and provides advice to the Bar. The panel reports to the Legal Services Committee, read the terms of reference for the panel.
Support we provide
Ethical enquiry service: our policy team advises members on the ethical issues that may arise in their work as practitioners of ADR. Visit our Helplines page for more information about our Ethical Enquiry Service
Training: we offer mediation training to give barristers opportunities to train as mediators and meet with others in the field. View upcoming Foundation mediation training sessions
Guidance on our Ethics and Practice Hub:
- Online arbitration and mediation – guidance for barristers deciding whether to conduct a hearing online
- A guide to mediation advocacy for the Bar – helping you get the best settlement for your client
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Guide to neutral evaluation – guidance for advocates and tribunals for conducting private neutral evaluation
Visit our Ethics and Practice Hub
Our blogs and press releases
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New Arbitration Act will strengthen UK’s leading position
Arbitration is worth billions to the British economy, says Bar Chair
Bar Council reaction to the King’s Speech
Bar Council reaction to the King’s Speech, welcoming the new Government's commitment to tackling Crown Court backlogs
Barristers in international arbitration brochure
A brief introduction to international arbitration to be used by barristers for prospective clients.
Everything you wanted to know about ADR, but were afraid to ask
Ahead of the Bar Conference session we asked speakers where the opportunities for barrister lie