Refusing to engage in Alternative Dispute Resolution can be a costly mistake

Posted by Richard Payne on February 15th, 2016

No matter how strong you believe your case to be, it’s always good to consider ADR, or Alternative Dispute Resolution, state Curry Popeck solicitors in Harrow. ADR is a cost effective way of resolvingdisputes without resorting to litigation. Although not compulsory, it should be carefully considered, as the court looks unfavourably on a party who refuses to entertain this as an option.

In a recent case, the defendant refused to contemplate the claimant’s offers of mediation, resulting in a punitive costs order being made against them. The parties were in dispute over a building contract and, whilst the claimant proposed mediation (a form of ADR) as a way of settling the dispute and avoiding proceedings, the defendant chose to continue with litigation. The offer was repeated on more than one occasion, but the defendant repeatedly refused to participate. The matter proceeded to a four day trial and the court found the defendant’s refusal to mediate as unreasonable.

According to the experts at Curry Popeck, one of the leading law firms in Harrow, parties involved in a court process should always bear in mind that when a dispute arises, due consideration should be given to the various methods of ADR so as to avoid being penalised on costs.

Engagement in the mediation process shows a party’s commitment to keeping costs to a minimum. The courts look on this attitude favourably when considering the amount of costs to be paid by each party.

Many parties are sceptical of the alternative forms of dispute resolution, but this case acts as a reminder of just how helpful ADR can be in settling disputes. It also highlights how the refusal to consider forms of ADR can be a costly mistake to make and shows that if one party does refuse to consider it, theyshould be prepared to justify the reason to the court and face the costs consequences of doing so.

If you are considering bringing a claim or have ongoing cases, ADR should be carefully considered, no matter how strong you believe the claim to be. It speeds up settlement, helps you save cost, time and stress involved in taking matters to court. Moreover, the process is confidential, enabling the parties to avoid unwanted interest from competitors or the press. Any party may take the initiative in deciding on ADR. A good lawyer will always focus on your wider interest and suggest you opt for Alternative Dispute Resolution.

Curry Popeck solicitors in Harrow, Middlesex always attemptto settle disputes outside of the court process, wherever it is possible. They have extensive experience in Mediation, Arbitration and other forms of Alternative Dispute Resolution to help you get the best outcome to your dispute. Should you be involved in a dispute and need legal assistance, please contact Curry Popeck, by visiting their website http://www.currypopeck.com/ or by calling them on- +44 (0)20 8907 2000.