There are some notes about Arbitration, Mediation and Other Forms of Alternative Dispute Resolution, intended for people not familiar with these terms, (one short, one long) here.

adjudicate.it is a specialist site for London and Dublin based firm Beale & Co.. The site provides practical guidance and advice on adjudication under the Housing Grants, Construction and Regeneration Act 1996. The site includes links to relevant legislation, Adjudication Case Notes and background information on Human Rights and other topics as they relate to construction. It is possible for a company to fill in a form to get free initial advice (by phone) as to whether adjudication may be a sensible way to resolve a claim.

Academy of Experts is the Professional Body for Expert Witnesses both in the United Kingdom and around the world. Its Register of Qualified Dispute Resolvers is an invaluable resource for parties and their Lawyers seeking a swift and agreeable resolution to their dispute. They provide Mediation Training.

ACI (A Commercial Initiative for Dispute Resolution) is an initiative by lawyers to provide schemes for arbitration and/or ADR (particularly mediation and early neutral evaluation) for disputes arising in the commercial, financial or business area. ACI's panels consist of over 130 barristers and solicitors, whose combined range of legal skills, relevant expertise and commercial awareness covers almost all commercial and financial areas of domestic and international law, and who are all experienced and qualified arbitrators and/ or mediators. The ACI schemes (including fixed fee and fast track schemes) are managed flexibly within the framework of the ACI Rules, avoiding unnecessary delay, formality and cost, and are designed to lead the parties and the arbitrator or 3rd party neutral to an early identification of the true issues in dispute and then to a rapid and appropriate solution, consistent with justice. ACI's website describes its schemes (and their respective administration fees) and contains a Resources section, which includes regularly updated case notes, articles, links and Frequently Asked Questions sections for both arbitration and ADR, as well as on-line copies of its quarterly Newsletter.

Adjudication.co.uk is a company providing adjudication services and information. The site contains extensive information on Adjudication, a Glossary of the terms used, information on Decided Cases, links to the relevant Legislation and articles and papers.

Adjudication Society is a not-for-profit Society promoting resolution of construction disputes by means of adjudication. It was formed so that the construction industry might benefit from the body of experience and case law associated with the introduction of the Housing Grants, Construction and Regeneration Act 1996, the growth in adjudication by means of Expert Determination and Dispute Boards and the increasing popularity of the New Engineering Contract. The Society's purpose is to encourage and develop adjudication as a method of resolving construction disputes (without denouncing other procedures, such as arbitration and conciliation) and to provide a regular and informal forum at which adjudication problems and practices may be discussed. There are a number of branches around the country which put on meetings and events. There are also a variety of papers, talks newsletters and case reports on the site.

ADR Chambers (UK) Limited is the UK arm of a worldwide alternative dispute resolution group which has successfully settled tens of thousands of cases around the globe, from Canada to Hong Kong, over the last decade. Established in this country in 1999 to support Lord Woolfs reforms ADR Chambers is unique among ADR providers in that it is based on a judicial panel of retired Law Lords, Lords Justices, High Court, Circuit and other retired Judges, many still active in the development and administration of the law. There are also many Barristers and Solicitors who are trained mediators, arbitrators or neutral evaluators, and who are dedicated to specific areas of law. ADR Chambers is also establishing regional panels, in support of court-based mediation schemes and to meet local demand.

Alan E Wilson is a Civil Engineer with training in the law and dispute resolution. He conducts adjudications and arbitrations and also acts as an independent consultant to clients of all sizes, ranging across the building, civil engineering, process and M & E industries. The site contains legislation relating to The Housing Grants, Construction and Regeneration Act 1996; The Scheme for Construction Contracts 1998; The Contracts (Rights of Third Parties) Act 1999. There is also background information on ADR, Adjudication and Arbitration as well as a set of related links.

Alternative Dispute Resolution Group (ADR) was founded in 1989 and is a specialist mediation provider. Their solicitor mediators have undergone intensive training in mediation and negotiation techniques. Using only solicitors ensures a knowledge of related legal matters. There are two membership networks: ADR Net, a network of over 70 firms of solicitors and barristers' chambers, and ADR Family/FMA, a network of over 350 practitioners in family dispute mediation. Each of these networks constitutes the largest professional network of its type, focusing on a single objective: promoting mediation for the resolution of commercial or family disputes. ADR Group regularly arranges mediations in disputes relating to banking, insurance, contract, probate, financial services, contract disputes, as well as medical negligence and personal injury, and offers training in mediation awareness for professionals and corporate bodies, as well as case selection for mediation and confidential advice to disputants. There is a list of firms of solicitors offering mediation services and also a "Frequently Asked Questions" (FAQ) about mediation.

Alternative Dispute Resolution Services (ADRS) is an ADR Agency, based in Newcastle, supplying mediators and arbitrators. The group offers cost effective and timely resolution of disputes at fixed prices using ADR methods such as mediation or arbitration, and avoiding the need to go to court. They can provide mediators or arbitrators for any size or type of dispute but make a special feature of low to medium value disputes with reasonably priced services.

The Association of Midlands Mediators.

The Association of Northern Mediators, based in Leeds, promotes the use of mediation throughout the region. It provides at no cost, lists of over 100 Mediators divided up into local groupings. The user can search by Town, County or Specialisation.

Atkin Chambers have specialised in construction law and engineering law for over 40 years. They also cover energy, information technology, commercial obligations and professional negligence.

Arblaw is a site about arbitration in England & Wales created by Jon Spain. It is set up with “interactive mindmaps”, which give a visual presentation of arbitration with a full coverage (in particular) of the 1996 Act.

Atkinson Law provides information in construction related to arbitration. The author, Daniel Atkinson is a chartered Engineer as well as a Barrister (non-practising) and a Director of James R Knowles Limited. He is an Adjudicator and on the committee of the Institute of Civil Engineers and a CEDR Registered Mediator. The website has been prepared for those in the construction industry to keep up to date with developments in arbitration both in UK and abroad, in adjudication and in mediation.

Business Dispute Resolution provide negotiation, mediation and arbitration in commercial disputes. The panel consists of Simon Vumbaca, Tim Wallis and Sir Nicholas Bonsor Bt. who have wide commercial, international and diplomatic experience. Every case is dealt with by the Panel together and no case is delegated.

Catalyst Mediation, based in Glasgow, is unusual in that the 21 mediators on the panel have direct experience, often in senior positions, in over 80 commercial, professional, legal, voluntary and public sectors. In many mediations it can help if the mediators have knowledge of the environment and language of the sector in which the dispute has arisen. There is useful background information on the site about mediation and particularly about mediation in Scotland.

Centre for Effective Dispute Resolution (CEDR) is one of the leading international bodies in the field of Alternative Dispute Resolution, dispute management and conflict prevention. It was launched in 1990 with the backing of the CBI. It aims to be the flagship for raising the understanding, profile and use of Alternative Dispute Resolution, both in the UK and Internationally.

The Chartered Institute of Arbitrators (CIArb) is the professional home for consumer and commercial arbitrators and practitioners of alternative forms of dispute resolution. The services offered also include mediation. The Institute's global reach covers a wide range of sectors including: law, construction, shipping, banking, insurance, commodities, agriculture, accountancy, medicine and sport. Through the provision of training and continuing professional development, the CIArb maintains an assured global standard of education. In addition, the Institute conducts "Dispute Resolution Services" delivering bespoke schemes for consumer and business-to-business transactions. The schemes offer a cost-effective and timely settlement of disputes. The Institute provides an information centre for members, publications, access to the members' area of the website, hearing and meeting rooms.

Chartered Institute of Arbitrators, Scottish Branch aims to promote the use of arbitration in Scotland as a means of dispute resolution, both domestically and internationally. The site offers free access to The Scottish Arbitration Code which has been developed in conjunction with The Scottish Council for International Arbitration and The Scottish Building Contract Committee. There is also informatin on the site about qualifications for the institute and events.

Chris Makin is a forensic accountant who, as well as issues of partnership, valuations, business interruption and the like (as one would expect of a chartered accountant) has mediated disputes on topics ranging from housing disrepair to expensive motor cars. His site contains straightforward guidance on when and when not to mediate, how to prepare, what happens on the day, the facilities needed, his fee structure, and a useful set of FAQs. There is also a section on the many occasions on which judges have encouraged parties to mediate, and pointed out the perils of refusing to practise ADR.

The City Disputes Panel is a not-for-profit organisation that is focused on the needs of commercial corporations, the financial services industry, and all who do business with them, in the UK and internationally. They offer a wide range of dispute resolution techniques.

Consensus Mediation, run by solicitor Maggie Kennedy, has a new site with many new features including

Construction Contracts Mediators' Group (CCMG) provide access to a group of mediators who specialise in construction contract disputes. Each mediator has experience of the difficulties that can arise which need to be overcome in order to enable construction contract disputes to be settled amicably, economically, and on terms acceptable to the parties.

Construction Law Database is a new venture by London firm Winward Fearon to provide a database of contruction law cases. Eventually it will be chargeable (it is intended as a fee-earning project) but at the moment the Adjudication Section is available free of charge (if you "log in" you will find that guest codes are already set up for your use). There are 76 case summaries there at present, which can be searched by date, title, judge, party, barrister or solicitor - there wil be hundreds of cases available when the full database is ready. Most case summaries have been produced in-house and the full text of the judgment is generally available as well. The database is intended to be of use to lawyers and other professionals involved with construction, as well as commercial organisations involved in the field.

Core Mediation, based in Edinburgh, provides a comprehensive service for those involved in the commercial, business, public and professional services sectors, who wish to use highly trained, professional mediators or facilitators to assist them to manage and resolve their disputes or differences quickly and effectively. There is an extensive panel of senior lawyers and professionals from other disciplines.

David Cornes is a Commercial Mediator, until 2005 senior partner of Solicitors firm Winward Fearon (now Maxwell Winward). His site includes information on the processes and uses of mediation, articles, case reports on recent cases of interest, Mediation Quarterly Updates and links to various codes, directives and protocols.

Expedite Resolution provides high quality and cost effective Mediation and ADR services in the insurance, professional indemnity and commercial sectors. Mediators Tim Wallis and Frances McCarthy are litigators who have held senior office with FOIL (Forum of Insurance Lawyers) and APIL (Association of Personal Injury Lawyers) respectively and have both worked closely with the Civil Justice Council.

Devon Family Mediation Agency, based in Exeter and established in 1991, is one of the largest agencies of its kind in the country and pioneered the Mediation movement. It can assist couples from all over the region who are experiencing separation or divorce. All mediators are selected and trained to recognized National and European standards and directly accountable to a national body; FMA, SFLA or PDT. All are members of the UK College of Family Mediators (UKCFM).

European Arbitration is an electronic newsletter providing a source of information and comment, centred on its diary of arbitral events. There are currently eighteen issues per year. You can register for the newsletter on the site.

Hardwicke Building provides a Commercial Dispute Resolution Service. The main focus of the service is the provision of Queen's Counsel to act as arbitrators, mediators, adjudicators and facilitators for dispute resolution. The service is available to lawyers and business executives and the user is able to choose the QC desired for the particular service.

Hartnell Chanot & Partners are Family Law Solicitors established in 1991 by Norman Hartnell who has been practicing Mediation since 1989. Norman also established the Devon Family Mediation Agency (see above) one of the first mediation consortiums in the country with a Legal Services Commission franchise and over 20 mediators.

Human Law Mediation is an interesting new site set up by innovative solicitor Justin Patten. He has had a web site and a blog for some time but he now specialises full time in mediation working alongside lawyers, business owners, HR professionals and individuals to negotiate settlements on a wide range of business and personal disputes. The site includes a lot of useful background information about mediation in general, why it is useful and how it compares to other forms of alternative dispute resolution. He also provides half-day briefing session for lawyers and provides an e-zine to which lawyers and business people can subscribe for free (you can do this from the site).

IDRS Ltd, a division of the Chartered Institute of Arbitrators, provides independent solutions for civil and commercial disputes.

In Place of Strife is a company devoted to providing dispute resolution by mediation. There is a panel of eight experienced lawyers and other professionals.

InterMedation is a City-based commercial dispute prevention and resolution organisation with a national network of around 150 accredited mediators, evaluators and other neutral professionals. The company provides experienced mediators, neutral experts, facilitators and adjudicators for disputes including: insurance; shipping; healthcare/clinical; personal injury; professional negligence; construction and major projects as well as general commercial areas. They also provide dispute prevention and resolution consultancy and awareness training in a range of dispute resolution methods. They operate insurance market ADR Clinics for Lloyds of London and the International Underwriting Association.

J.N.Tait and Associates specialises in arbitration, mediation and the management of construction disputes. Mr Tait is a Registered Arbitrator. Conciliator, Mediator and Adjudicator.

Justin Patten is a Solicitor and accredited mediator from the Academy of Experts and principal at law firm Human Law. He offers mediation in commercial and civil disputes ranging from Intellectual Property and Employment Disputes to Landlord & Tenant matters.

Keating Chambers are one of the country's leading specialist Chambers in construction and engineering law. They have a lot of construction law on their site, including a Case Law Update.

Linklaters Dispute Toolkit provides a major free resource for companies looking for assistance in arbitration and ADR:

Lovells have set up a major information centre on their site relating to Arbitration Agreements and the drafting of such agreements. As well as a great deal of background information, there is an automatic drafting aid available which can be used either by companies themselves or by other solicitors who are putting together commercial contracts and need some technical input on this topic.

Lyons Davidson of Bristol, Plymouth, Solihull and New Malden, Surrey, provide a special site and service called Lyons Davidson Dispute Resolution & Family Mediation. The firm works through these two units covering, respective, Dispute Resolution for Businesses & Family Mediation. There is information on the site about the process of mediation and how it differs from litigation and arbitration.

Maritime Solicitors Mediation Service (MSMS) is a new initiative by a group of English maritime law firms. The main objective of MSMS is to promote the use of mediation in the maritime sector to assist parties to expedite the cost effective resolution of disputes. The MSMS service is intended to cover the full range of "wet" and "dry" work: for example, collisions, explosions, fires, grounding, sinkings, charterparty disputes, all matters affecting the carriage of goods by sea and marine insurance including Hull, Increased Value, War, Mortgagees Interest, Political Risks, Cargo, Charterers liability. MSMS is developing a growing pool of experienced mediators with specialised maritime expertise.

Mediation-1st is a group of mediation consultants based in Norwich, and associated with solicitors Leathes Prior. The company offers both "Full" Mediations (where the Mediator will work with the parties to achieve a settlement for as long as it takes on the Mediation Day) and "Time Limited" Mediations, which are limited to three and a half hours. They also offer free seminars to solicitors, accountants, other professions, CABs, Chambers of Commerce, and other similar bodies.

Mediate with Shapiro describes the services of David I Shapiro, of SJ Berwin, who has successfully resolved major commercial disputes in the UK, USA and Europe for 20 years.

Mediators in East Anglia is a non-profit making regional organisation of qualified mediators and ADR professionals throughout Cambridgeshire, Essex, Lincolnshire, Norfolk and Suffolk. Individual members offer their dispute resolution services for a fee (and in certain cases pro bono - without charge) to the public and to businesses, accepting both private and court referrals.

Midlands Mediation, one of the biggest medation companies in the UK, provide new Approaches to Conflict Resolution, Consultancy on Conflict Management, Facilitation for Teams & Groups. Accredited Mediation Training and Free Initial Consultations. In terms of training, they provide innovative training programmes that directly respond to changing training needs. A recent development in training programmes has been to reduce the proportion of direct contact time on training programmes (and therefore the amount of time spent away from home or work), and to allow learners to complete their studies in their own time. Beginning in January 2005, they are responding to this trend by offering the 40- hour Mediation Practitioner's Certificate as a fast-track course.

Northern Dispute Resolutions.

North Yorkshire Family Mediation is a consortium of trained mediator/lawyers based in the North-east of England whose aim is to provide first class assistance to those going through the trauma of resolving the problems associated with the breakdown of a relationship.

Raworths Medation Services, part of Raworths, Solicitors, of Harrogate, offer information on mediation in Civil and Commercial areas of law.

Professional Mediation Resolutions Ltd (PMR) is an independent company specialising in workplace mediation. They provide mediation and also workplace mediation training.

Resolex is based in the International Dispute Resolution Centre on Fleet Street, with the LCIA, City Disputes Panel and CEDR and specialises in the early use of mediation and dispute resolution/prevention schemes and systems.

Resolution provides complaints and dispute resolution services to NHS trusts and private health care providers and those representing users of health care services, such as independent complaints advocacy services. They also provide training in health care complaints management, customer care, communication and health law. These services are designed to reduce the human and financial impact of health care complaints, legal claims and disputes by ensuring their early and effective management.

Richard Butler's Mediation Resource is an extensive set of links to sites with mediation content, mostly organised by country. Each resource listed is given a short summary. There is also a separate section of Alternative Dispute Resolution in Europe which tracks the progress of ADR initiatives in the European Union, a major exercise in itself. Richard Butler himself is an experienced mediator specialising in property and other commercial disputes. He also gives courses on dispute resolution.

Richard Grand Society describes itself as a Society of pre-eminent personal injury and medical malpractice lawyers. You can locate the members of the society on a map of the UK and also in the USA.

Ron Sandford Mediation is a company providing mediation, dispute resolution and conflict avoidance. Their approach to these disputes is that in coming from the business sector, they can bring a business perspective to the dispute and the constituents of any settlement package. All mediators are CEDR Accredited and Registered mediators.

Royal Institution of Chartered Surveyors (RICS) is a major body in this field. For example, in 1999, the RICS appointed nearly 8000 arbitrators, expert determinators, adjudicators and mediators to resolve disputes concerning land, property and construction. Over 450 cases were referred under agricultural legislation, and approximately 600 arbitrators and adjudicators were appointed in building/construction disputes.

Scottish Council for International Arbitration (SCIA) is an independent body committed to the promotion of arbitration as a method of dispute resolution and to the development of Scotland as a base for international arbitrations. SCIA will provide advice and information about how to undertake an arbitration in Scotland, what advantages can be had by doing so and details about facilities that are available. If required, details about available arbitrators in different fields can be provided along with information about nominating bodies. The membership of SCIA is drawn from a wide range of arbitration and legal skills representing the diversity of talent and experience available. Directors and commissioners of SCIA include Court of Session Judges, Senior Advocates, Arbitrators, Solicitors. The site contains a series of papers on arbitration in Scotland.

Scottish Mediation Network is a not for profit organisation working to raise the profile of mediation in Scotland. They hosted a two day conference at Glasgow University in March 2005. The Conference (its second) covered mediation of all kinds and was attended by 300 delegates. They have developed a “Map of Mediation Services” which shows the growing service business and the types of mediation they offer. SMN are also facilitating a discussion about regulation of the mediation profession to provide quality assurance to the users of mediation.

The Standing Conference of Mediation Advocates is a new members’ organisation offering affordable certified accredited training, a resource bank of law and other materials, advice on best practice, discounted books and commercial training, professional and academic debate on developments in the field, and the active marketing and promotion of members’ practices.

Syndicus is a group of Consultants and Practitioners in Complaints Handling, Dispute Resolution and Training. Syndicus has a special emphasis on ombudsman issues.

The Mediation Centre is run by solicitors firm Nowell Meller of Stafford. The centre provides comprehensive family mediation dealing with children, finance, property and pensions; civil and commercial mediation offering an alternative to the Courts whilst preserving the business relationship; and training, consultancy and leadership in the development of Mediation. Public Funding (free Legal Aid) is available.

Trust Mediation is a not-for-profit national personal injury mediation service offering fixed price mediations (£1,000 + VAT + £150 admin) by experienced specialists at locations convenient to those involved. Chairman of Trust Mediation is Sir Henry Brooke, mediator and former Vice President of the Court of Appeal.

UK College of Family Mediators is the professional standards-setting watchdog and public information providing body for family mediation in England, Scotland, Wales and Northern Ireland. There is information on how family mediation works and information on finding a mediator.

workitout is a joint venture between Claimant and Defendant lawyers committed to the resolution of personal injury and clinical negligence disputes. This innovative alliance brings with it a mediation service which is effective and has credibility for both the injured and the insurers. workitout is a joint venture between Stewarts solicitors and Berrymans. It appoints qualified Mediators from both sides of the claims process.

ADR Training

A variety of ADR training programmes are offered by various organisations, ranging from generic information on ADR to hands-on workshop type programmes and university level graduate and postgraduate studies. Here are some of them:

• Academy of Experts
• Alternative Dispute Resolution Group (ADR)
• Centre for Effective Dispute Resolution (CEDR)
• Chartered Institute of Arbitrators
• ADR Chambers
• Professional Mediation Resultions Ltd

Quick Definition of Alternative Dispute Resolution provided by Hardwicke Building

Alternative Dispute Resolution (ADR) was introduced in the 1980s for the resolution of commercial disputes. The advantages of ADR techniques were quickly recognised and judges, following the Civil Procedure Rules in 1999, have discretion to direct the parties to enter into ADR.

Mediation is the most common form of ADR and the service offers the opportunity for a fresh approach to negotiations and to reduce the cost of conflict in time and money. Flexibility and confidentiality are important features.

Arbitration is a binding method of dispute resolution governed by statute. The appointed arbitrator considers the evidence presented by both parties and then issues an award, which is enforceable by the courts.

Adjudication is a process for the early, fast, summary, temporarily binding but interim resolution of disputes, which now applies compulsorily to most construction contracts.

Private inquires may be instigated to defuse problems encountered by organisations such as customer complaints, harassment or discrimination against staff or external threats to investigate services.

Alternative Dispute Resolution - An introduction by Graeme Mew.

Although the use of Alternative Dispute Resolution ("ADR") in its various forms has increased significantly in recent years, ADR has, in fact, been around for many years.

Arbitration has been a traditional alternative to court-based litigation. It has been widely used in commercial disputes, particularly those involving international disputes and matters where technical expertise on the part of the decision maker is important. Arbitrators make decisions which bind the parties to the dispute. Procedures used in arbitration can range from informal to rules which essentially mirror court procedures. The benefits of arbitration include its confidentiality, flexibility, speed and the expertise of many arbitrators. It is usually, but not always, cheaper than court.

Conciliation is an established feature of industrial relations. The conciliator brings the parties together and acts as a facilitator in their discussions. The conciliator is not a decision-maker.

Mediation has emerged in the nineties as an increasingly popular form of dispute resolution. Like conciliation, it involves a third party neutral working with the parties to a dispute to facilitate their negotiations more effectively so that they can arrive at a mutually acceptable settlement.

The mediator will assist the parties in exploring options and measuring the strengths and weaknesses of their respective cases. Mediation can save time and reduce the cost of resolving a dispute, both financial and emotional. Mediation can also assist the parties to re-establish trust and respect and can help prevent damage to ongoing relationships. Mediation works best when it is voluntary, although there are some examples of mandatory mediation projects where parties to a dispute are required to go through a mediation process as a prerequisite to being able to seek adjudication of a dispute by a judge or an arbitrator.

Med-Arb is a process in which the parties proceed through a facilitative mediation process and if the matter does not resolve completely or if certain issues remain unresolved following the mediation process, the mediator is entitled to decide the issues as an arbitrator.

Mini Trial is a process which can be useful to companies in dispute in complex matters. Typically, the senior executives of the companies, with authority to settle, form a panel together with one of our members as a neutral Chair of the panel. The legal representatives for both parties make a presentation of their case in a summary fashion, without witnesses or with a minimal number of witnesses. The presentation should include relevant evidence followed by argument. The executives thereby have the opportunity of assessing the strengths and weaknesses of their case and that of the opponent. Following the presentation, the executives negotiate with each other, with or without the assistance of the neutral, attempting to find a mutually acceptable resolution of the issues. The neutral can function in a facilitative mediation manner to explore the issues, needs and concerns of the parties or alternatively, be evaluative and provide a view of the issues for consideration by the parties. This process is non-binding and without prejudice to legal rights.

Neutral Evaluation is a process by which a neutral hears submissions from the parties on the merits of a case and offers a non-binding evaluation of the likely outcome in the event the matter proceeds to adjudication by a judge or an arbitrator.

Background

The modern roots of ADR are usually traced to a meeting of in-house counsel in the United States about 25 years ago (many of whom were from Fortune 500 companies). The group bemoaned the costs of litigation, the time it took and the fact that the litigants felt excluded from the litigation process.

The attendees agreed among themselves that if they had disputes with each other, they would attempt ADR before resorting to traditional litigation. Representatives of the companies present signed an 'ADR pledge' to indicate their support for ADR over litigation in appropriate circumstances. Out of the meeting, the Center for Public Resources (CPR) was formed, through which the in-house counsel could access neutrals and obtain information about ADR processes. The CPR developed a roster of mediators and arbitrators, many of whom were retired judges and distinguished attorneys.

The book "Getting To Yes", by Roger Fisher, William Ury and Bruce Patton, published by Penguin, is widely regarded as the bible of 'interest-based mediation'. Its authors suggested that disputes need not always be a battle of rights, as they can often be resolved by looking at disputants' underlying interests. Mediators adopted the theories of "Getting To Yes" and began experimenting with interest-based mediation, where a mediator who is an expert in negotiation would help disputants uncover underlying interests in a search for joint mutual gain, and look for a resolution that made more sense to both parties than proceeding to litigation.

Mediation has now become the ADR process of choice. It was seen as a way to develop creative solutions, leave the decisions in the hands of the clients, and maintain on-going business relationships. The ability to craft an outcome that serves the interests of the parties liberates litigants from the risks, uncertainties and loss of control of the outcome that occurs when a dispute is turned over to a third party adjudicator: a judge or an arbitrator.

There are very few types of civil disputes that cannot be mediated. The procedure used can be adapted to suit the needs of the parties and the nature of the dispute. A routine personal injury case can be mediated in half a day; a complex international commercial dispute may take several days and the involvement of more than one mediator.

Settlement rates are high. For example, ADR Chambers which operates in Canada, the UK and internationally, the settlement rate at mediations is about 95%. Satisfaction among lawyers and clients with the mediation process is extremely high. Even where cases do not settle, lawyers and clients tend to agree that the process was beneficial in clarifying and streamlining issues, and understanding positions and underlying interests.

Recent Developments

With the Woolf Reforms, it seems likely that mediation will become a more prominent fixture on the dispute resolution landscape in England and Wales. Civil Procedure Rule 1.4(2)(e) now requires the court, as part of its responsibility to actively manage cases, to encourage the parties to use an ADR procedure if the court considers it appropriate and to facilitate the use of such procedure.

A plethora of dispute resolution services have emerged, in part in response to the anticipated increase in utilisation of mediation by litigants. To date, though, mediation and other alternative dispute resolution services are largely unregulated. In theory, anyone can call themselves a mediator. Although a number of organisations - the Academy of Experts, ADR Chambers, the ADR Group and CEDR - offer widely recognised training courses and "certify" mediators or dispute resolvers, there are many less well known services offering mediation training and standards can vary greatly. The viability of mediation as a credible alternative to litigation is dependent on the ability of parties to be assisted by appropriately trained and experienced third party neutrals. Indeed, it is probably only a matter of time before greater standardisation and regulation of mediation training and services occurs.

Is ADR a Passing Fad?

Although City of London lawyers and others have embraced mediation as a technique to resolve large commercial cases, the cost savings that can be achieved through effective and early use of ADR are such that very few types of dispute cannot be assisted by ADR. There is widespread acceptance both within the legal community and beyond that lawyers and their clients must become aware of the possibilities of mediation and should understand how the process works.

With the opportunity for creative solutions, for a fast and inexpensive resolution that the parties develop and buy into, and for a process that enhances rather than destroys on-going business relationships, mediation is likely to grow rapidly in popularity over the next few years in the UK. As lawyers become more sophisticated consumers of mediation services, they and their clients will pick and choose mediators best suited for a given dispute and the number and range of competent, qualified mediators will expand.

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