What is ADR?

Alternative Dispute Resolution (ADR) is a method of resolving a dispute without the need for the matter to proceed to a Court hearing. Although ADR is not compulsory, it is heavily encouraged by the Court, and the Court may impose costs sanctions for unreasonable refusal to engage in the same. This was seen in the case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352.

Costs sanctions may also be imposed if parties proceed to initiate Court proceedings without considering the use of ADR in the settlement of a case. Methods of alternative dispute resolution include mediation, negotiation, arbitration, expert determination, and early neutral evaluation.

Costs ADR

Alternative dispute resolution can be used in all types of cases, including legal costs disputes to help parties reach an agreement before involving the Court in a matter. At ARC Costs, our Costs Lawyers are well versed in assisting law firms and litigants in person in the recovery and negotiation of legal costs. We can advise and assist in the process of costs ADR, such as arbitration and mediation.

We can assist in the negotiation of a bill of costs, irrespective of whether you are a receiving or paying party.

What is Mediation?

Mediation is a widely used type of alternative dispute resolution. The most well known type of mediation is family mediation, used by family members to resolve various types of disputes. However, mediation can be used in most areas of law, including civil and commercial disputes.

Mediation involves resolving disputes face to face; please note, however, that the agreement reached will not be legally binding. Using the mediation process, parties will attempt to settle their dispute using mediation services from a trained, independent mediator, with the aim of achieving a mutually acceptable agreement between all parties to the case.

The process of mediation is confidential, meaning information disclosed to the mediator can not not be discussed with the opposing party without your express consent. Information disclosed during mediation cannot be disclosed in Court as it works on a “without prejudice” basis.

Civil Mediation & Costs Mediation

The use of mediation is highly encouraged by the Court for all civil disputes, including legal costs cases. The use of mediation in costs disputes usually results in lower amounts of costs being incurred, and cases being settled more quickly. ARC Costs can advise and assist in the process of mediation; we are also on the Your Legal Advisor panel of legal costs mediators.

How much does mediation cost?

The cost of mediation will usually depend on the type and complexity of the case. Mediation sessions may incur a fixed fee for day/half day sessions, whilst others mediators may charge an hourly rate. Legal aid may be available for some mediation services in specific circumstances.

How can ARC Costs Assist?

ARC Costs are a firm of experienced costs lawyers and legal cost draftsmen who can advise and assist in the process of ADR, such as costs arbitration and costs mediation. We help successful parties in recovering their legal costs as well as reducing costs liability for unsuccessful parties to any type of case.

For all other types of civil mediation, we would highly recommend that you request the assistance of Your Legal Advisor as all mediators on their team are members of the Civil Mediation Council.

We can be contacted by email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise and our services on our legal costs page.

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