ADR can take place in so many different forms such as mediation, arbitration, negotiation, to name but a few and there are many different techniques one can use with the assistance of a third party, in order to ensure a successful outcome.

Is it always successful? No, but then again, litigation isn’t always fair or successful (in the eyes of a losing party) either. ADR can be used prior to parties going to court, or at times it can be used parallel to the court system itself. These days, especially in commercial contracts, it is becoming increasingly popular to include arbitration clauses in order to use it as a form of dispute resolution, prior to the parties commencing litigation, assuming there is even an option to commence litigation.

Not only that, but sometimes, contracts will state that the decision of the arbitrator will be held to be final and neither party could then litigate on that matter should they wish to appeal the arbitrator’s decision.