Alternative Dispute Resolution - ADR

Whereas litigation remains a fundamental part of the practice of every barrister at Heavenwood Chambers, the modern technical and construction lawyer is frequently involved in other forms of dispute resolution formats

The Chambers aims to provide specialist advice and representation in all aspects of ADR including early neutral evaluation, mediation, negotiation, adjudication and arbitration.

Chambers rightly boasts of a team of highly qualified and experienced mediators and arbitrators with particular professional skills in their core disciplines. Chambers can provide both the services of the tribunal in proceedings or in the alternative will act as Advocate or Client’s representative

Early neutral evaluation

The process by which parties in a dispute agree to obtain an independent non-binding evaluation of the issue or dispute between them. Barristers in chambers have all the requisite skills to provide advice and “added value” in the initial stages of a dispute, offering opinion as to the likely outcome and advising on compromise or settlement agreements.

Mediation

Mediation is a private process allowing the parties to explore the possibility of a negotiated settlement to a dispute without the expense of costly and drawn out litigation. The parties can influence and control the outcome themselves and often may agree compromise solutions which are not available in the traditional process of litigation.

Heavenwood barristers can provide a confidential, impartial and independent service as mediators. We can also act as mediation advocates, representing and advising clients either in court ordered or private mediation hearings.

We can provide a bespoke mediation service for businesses, trade associations, local authorities and private individuals . We can arrange premises for the mediation or alternatively our barristers will travel as required.

Fees for mediation are fixed and pre-agreed. We take referrals from the National Mediation helpline, the ADR group, professional bodies and trade associations. We also undertake private out-of court mediations as either mediator (using the Chartered Institute of Arbitrators Standard Form) or as Clients representative.

Adjudication

Adjudication is most often used as a vehicle for dispute resolution in the construction industry. It is an interim measure designed to provide a prompt and cheap method of resolving disputes during the currency of a project in order that the parties can concentrate on the bigger picture of completing the contract.

Barristers in Chambers can act as Adjudicator or Advocate for both public and private sector clients, contractors, sub-contractors or consultants. The nature of adjudication is that it is a “quick fix” interim solution requiring a rapid response and delivery of particulars of claim or response to claim within fixed and defined timescales.

At Heavenwood we have Counsel with dedicated construction experience. We can respond quickly and with the benefit of real and practical construction and engineering experience and expertise.

Arbitration

Arbitration is a formal but private process for the resolution of disputes, generally conducted in accordance with the rules set down in the Arbitration Act 1996. barristers in Chambers are qualified to accept briefs as advocates representing Clients or to take the role as tribunal in proceedings.

In all instances Clients can be assured of professional service, provided by qualified barristers with both a technical and legal background.

 

BARRISTERS   |   MEDIATORS  |  ARBITRATORS  |  ADJUDICATORS