Alternative Dispute Resolution (ADR)
What is the Dispute Resolution Service (DRS)?
The Dispute Resolution Service (DRS) of the Law Society was set up to provide a mediation service to assist with resolving disputes which would avoid the time, expense and difficulties associated traditionally with going to court. Alternative dispute resolution techniques were developed originally in the United States of America and have spread to a wide number of jurisdictions throughout the world and mediation has become one of the most important methods of alternative dispute resolution.
How does it operate?
The DRS operates through a Panel of solicitors and barristers who are trained and accredited to act as mediators on behalf of the parties to disputes.
Is it effective?
Research shows that recourse to mediation has a high success rate; it is faster and can save legal costs and it can result in preserving the business relationships between the parties for the future.
When can you use mediation?
Mediation can be attempted at any stage of a dispute and the courts are likely to permit adjournments to litigation if there is a chance that mediation could resolve the dispute. If the mediation fails, the parties are free to proceed with litigation without prejudice to their legal rights.
How do I use the Dispute Resolution Service (DRS)?
If you have decided that you want to use the DRS to try to resolve a dispute you should take the following steps:
- Contact the other party to see whether or not they will agree in principle to try mediation.
- If the parties agree in principle to attempt mediation, print out the registration form which is available from the downloadable documents below, complete it and forward it to the Society. The registration fee is £144 (Inclusive of VAT) and it should be divided equally between the parties.
- On receipt of the registration form and the fee the Society will contact each party to suggest the name of a mediator acceptable to both sides. The purpose of this is to ensure that each party is satisfied with the choice of mediator. When the choice of mediator has been agreed in principle, the Society will write to the mediator to make the formal appointment and thereafter the mediator will take over and arrange directly with the parties the time, place and circumstances of the mediation and for the mediation agreement to be signed by them.
- It is not necessary to copy documents to the Society giving details about the dispute. A short note about the problem in the registration form will suffice. The value of the claim should be mentioned. If a particular mediator is required for a specialised dispute we will discuss this with you, but it is rarely a problem.
What is the Cost?
(A) Registration Fee
The fee to register the dispute with the DRS is £141 (Inclusive of VAT). It is payable to the Law Society and submitted with the registration form and mediation agreement to the Assistant Secretary, Mr Kevin Delaney.
(B) Mediation Fee
The mediator will charge a professional fee to the parties for providing mediation services. This is not a matter for the Society. It is in addition to the registration fee mentioned above. The mediator will give the parties details of the professional fee before the mediation begins.
The mediator's fees are based on the monetary value of the dispute and on the amount of work carried out by the mediator. Mediation contrasts with litigation in that an extensive exchange of documents and other information is not often required. Although some preparation by the mediator will normally be necessary, most of the work takes place on the day of the mediation. It is a matter for the mediator to determine the professional fees to be charged to the parties for a mediation. These may include the cost of booking a venue for the mediation, plus travelling and food.
Downloadable documents
- Please click below to download the forms you require:
(1) About the ADR Service
(2) Registration form
(3) Mediation agreement
How to contact us:
If you require further details please contact:
| Address is: | Mr Kevin Delaney Law Society of Northern Ireland 96 Victoria Street, |
| Telephone number: | 028 9023 1614 |
| Fax number is: | 028 9023 2606 |
| Email address is: | kevin.delaney@lawsoc-ni.org |
