Our series of ADR guides is designed to provide clients with essential practical guidance on various processes falling under the banner of 'alternative dispute resolution' (ADR).
ADR practical guides series
|COMMON ADR PROCESSES - AN OVERVIEW||This guide provides a snapshot of the most commonly used ADR processes, highlighting the main advantages and disadvantages of each.|
|AN INTRODUCTION TO MEDIATION - WHAT IT IS AND HOW IT WORKS||This guide provides a high level introduction to mediation, by far the most commonly used ADR process. It is intended to assist in-house counsel, claims handlers and business representatives who are required to participate in a mediation.|
|WHEN TO MEDIATE IN A DISPUTE||This guide sets out a series of factors and questions to consider in identifying suitable opportunities to mediate in the lifecycle of a dispute, recognising that, in general, the earlier a mediation takes place, the earlier the opportunity reach consensual resolution and control costs.|
|SELECTING YOUR MEDIATOR AND DRAFTING THE MEDIATION AGREEMENT||This guide identifies key factors to bear in mind when selecting a mediator and drafting or negotiating the mediation agreement that will govern how the mediation is conducted.|
|PREPARING FOR MEDIATION||This guide highlights issues that parties preparing for mediation should turn their minds to before the day, to maximise the effectiveness of the process.|
|USE OF MEDIATION WITH ARBITRATION||This guide provides a brief description of how mediation and other ADR processes can be used with arbitration and some key points to consider at the stage of drafting dispute resolution clauses and during the arbitration process.|
|MEDIATING WORKPLACE AND EMPLOYMENT DISPUTES||This guide outlines how mediation can be used to resolve employment and workplace disputes and offers a number of practical tips for getting the best result. It also examines specific mediation and conciliation schemes offered by the Employment Tribunal and by Acas.|
|RESOLVING DISPUTES WITH HMRC||This guide provides a brief description of how and when ADR can be used to seek to
resolve disputes with the UK tax regulator, HMRC.
RESEARCH STUDY AND GUIDE: ENHANCE THE WAY YOUR ORGANISATION USES ADR
The Inside Track
Despite the now mainstream role ADR plays in the commercial dispute resolution landscape, there remains little in the way of publicly available information to enable organisations to benchmark themselves against their peers as to how ADR can be used most effectively in managing commercial disputes.
The qualitative study (conducted by the legacy Herbert Smith firm in 2007) gathered the experiences of in-house counsel at multinational organisations across a broad range of industry sectors including those who had achieved remarkable efficiencies by embedding ADR use into their organisation's culture.
Improving Conflict Management
Drawing on the unique learning we also prepared an ADR toolkit as a guide for in-house counsel who wish to review and enhance the way their organisations use ADR.
Ten years on, what we hear from organisations trying to improve their experience of dispute management (including in our further research and in discussions at the landmark Global Pound Conference (GPC) series) confirms that the lessons and tools we identified in 2007 remain squarely relevant today.
We therefore took the opportunity at the conclusion of the GPC series in 2017 to update and re-issue our guide: Improving Conflict Management: Enhance the way your organisation uses ADR.
We would welcome the opportunity to discuss how you can use the guide to enhance your organisation's approach to managing its disputes.
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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021