Alternative Dispute Resolution

1. What is alternative dispute resolution (ADR)?
2. What are the principal differences between mediation, and arbitration or litigation?
3. Are there circumstances in which ADR is particularly suitable?
4. Are there circumstances in which ADR would not be suitable?
5. What are the principal advantages to using mediation?
6. Are there any disadvantages to using mediation?
7. Who takes the initiative in deciding on ADR?
8. Do our lawyers need to be involved if we go in for mediation?
9. How long does it take to set up the mediation process?
10. Is there any point in our going to mediation, if the other party is reluctant to make any concessions?
11. How do we find a mediator?
12. Do both parties have to agree on the mediator?
13. What is the procedure in mediation?
14. Do we have to prepare evidence in advance?
15. Can we call witnesses?
16. If an ADR process fails to produce a settlement, could what we say during that process be subsequently used against us in court?
17. Who should attend the mediation process?
18. How do we ensure that the other side sends someone who is authorised to settle?
19. How long is the process likely to last?
20. What happens if we reach agreement on some issues, but not on others?
21. Will the agreement be binding on all parties?
22. How will the agreement be enforced?
23. How much is mediation likely to cost?
24. Can we claim costs from the other party, as part of the settlement?