Alternative Dispute Resolution (ADR) is a way of resolving disputes which avoids bringing a case to the courts.
Turcan Connell advocates such an approach, where possible, which not only reduces the cost to our clients but also avoids what can be lengthy court proceedings. Alternative Dispute Resolution covers not only negotiation, but also arbitration and mediation.
Successful negotiation requires thorough investigation of the facts and skilful handling of the interests of the parties involved. Our solicitors prepare for negotiations diligently and conduct them pragmatically, an approach which bears fruit for our clients.
Arbitration in Scotland
Arbitration in Scotland has been codified by the Arbitration (Scotland) Act 2010. The ambition of this legislation is to make Scottish arbitration the forum of choice for both Scottish and International disputes. While arbitration is still a process that is closer to litigation, it does have several advantages. These include privacy for the parties, a specialist arbitrator and a process which can be adapted to a particular dispute. Turcan Connell's experience means that we are able to advise clients in detail regarding whether arbitration might be an appropriate way to resolve a particular dispute, and on the arbitral process.
Mediation is a voluntary process which, with the help of an impartial facilitator, allows parties to discuss how their issues can be resolved. A mediator helps parties to focus on effective communication, mutual understanding and information gathering. This allows parties to identify common ground and to find the best way forward. A mediator does not take sides, make judgements or give guidance.
We regularly work with mediators of the highest standing in Scotland. Mediation is a consensual process and is non-binding. However, when parties commit to a mediation process, this will result in a resolution being reached in a high percentage of disputes.
To find out more about what our solicitors can do, contact a member of the team today.