Other 'Alternative' Dispute Resolution Methods
Non-court dispute resolution methods are not limited to arbitration and the consensual dispute resolution methods. Several other methods which may be appropriate in differing situations are also in regular use.
Adjudication
This is a form of time-limited fast-track arbitration. Although generally available in a range of sectors, it is a statutory right, and therefore particularly commonplace, in the UK construction industry.
It involves the use of an expert (the adjudicator) to rule on a technical or legal issue and is primarily used in the UK in construction disputes as set out in the Housing, Grants, Construction and Regeneration Act 1996, where awards are binding on the parties, at least on an interim basis.
At the end of the interim period other processes, like arbitration, can be used by the parties, to achieve full and final settlement.
Expert Determination
This is a private process whereby a jointly appointed, independent expert with inquisitorial powers makes a binding decision on the issue in dispute. Sometimes this will involve the interpretation of law but usually will be on technical or financial issues.
Early Neutral Evaluation
This is a private and non-binding technique whereby a third party - usually a judge or somebody legally qualified - gives an opinion on the likely outcome from a court trial as a basis for settlement discussions before the trial goes ahead or is completed.
Med / Arb
These are mediations that have a contractual provision to go for an adjudicated decision if the parties cannot reach a settlement. Sometimes the mediator becomes the adjudicator/arbitrator, other times it is a separate person.
Ombudsman
An Ombudsman is third party who receives and investigates complaints or grievances against an institution by that institution's members, clients or employees.
It is essentially an inquisitorial process whereby the ombudsman (or 'commissioner') inquires into the matter and comes to an initial view about the matter. This view is then proposed to the complainant. If it is accepted by the complainant, it becomes binding on the institution. If it is not accepted, the whole procedure is extended through conciliation by the ombudsman and if this fails to satisfy the complaint, then the ombudsman makes a decision.
Several ombudsmen schemes operate in the UK, most notably in the housing and financial services sectors.
Last Updated: 18 May 2010