Alternative Dispute Resolution also known as ADR is encouraged by the court to the parties if appropriate. Indeed, the Pre-Action Protocol on Professional Negligence creates an obligation on the parties to consider whether a form of alternative dispute resolution procedure is more suitable than litigation.
What does the pre-action protocol on professional negligence say about ADR?
Often professional negligence cases are settled out of court with the parties agreeing to save further costs down the line and coming to a mutually beneficial settlement. Ultimately, many professionals and defendant companies and firms will not want a long court case with bad publicity and negative judicial public chastisement of poor conduct, therefore ADR is ordinarily considered at every stage of the claim/defence to the claim. The court has a wide ambit to levy sanctions upon parties for costs if they are found to have behaved unreasonably by refusing to engage in ADR.
Forms of Alternative Dispute Resolution (ADR)
There are several forms of ADR, which includes:
- Arbitration – Judicial & Contractual;
- Early neutral evaluation; and
- Ombudsman schemes.
Advantages of ADR
- the parties can withdraw at any time;
- choice of date, time or venue; and
- less procedural than the courts.
Book an Initial Consultation with our Professional Negligence Lawyers
Do you have a claim against a professional? If you want expert legal advice, do not delay in instructing us so we can assess the legal merit of your case.
We can often take on such claims on a no win no fee basis (such as a Conditional Fee Arrangement) once we have discussed the claim with you and then assessed and advised you on the merits of the proposed professional negligence action.
Our expert legal team of leading Professional Negligence Solicitors & Barristers can provide urgent help, advice or representation to you. Just call our Professional Negligence Lawyers on 02071830529 or email us now.
Instruct Specialist Professional Negligence Solicitors
We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inn of Court adjacent to the Royal Courts of Justice. Our team have expertise in advising on claims for compensation against professionals that have fallen below the standard expected, which causes clients financial or personal loss. We are experienced in bringing successful claims against negligent solicitors, barristers, financial advisers, insurance brokers, surveyors, valuers, architects, tax advisers and IFAs.