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Alternative Dispute Resolution (ADR) covers processes that help parties resolve disputes without full court proceedings, such as mediation, conciliation, and arbitration, used across business and civil matters in England and Wales. A solicitor in this area helps draft ADR clauses, select and appoint appropriate mediators or arbitrators, conduct preliminary negotiations, and draft settlement agreements or enforce awards. They also advise on when ADR is suitable, how to prepare for sessions, and how ADR outcomes interact with ongoing or future litigation.
In ADR matters, the solicitor drafts and negotiates ADR clauses, coordinates with mediators or arbitrators, oversees disclosure and evidence sharing for mediation, prepares position statements, and drafts settlement agreements or consent orders. They manage process timing, ensure procedural fairness, and advise on the enforceability of any agreement or arbitration award, including enforcement strategies if needed. The work involves interacting with counterparties, tribunals or arbitral bodies, and the potential transition to court action if ADR fails.
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