Alternative Dispute Resolution

“The clerks are friendly, responsive and people who get the job done. They set a very high standard for responsiveness and helpfulness.”Chambers UK Bar, 2024

Members of Chambers discretely and expertly provide a full spectrum of ADR services. Counsel are sought-after for appointments, due to their renown in their specialist areas, and the professional, prompt and personal way in which they deliver their service. Our responsive and energetic clerking team is ready to assist.

There are a range of ADR procedures which are delivered by barristers in Chambers:

  • Mediation: a trained barrister-mediator acts as an intermediary to enable the parties to discuss and resolve their dispute in a confidential and without prejudice setting.
  • Expert determination or adjudication: a prompt process in which the parties agree that an experienced and knowledgeable Counsel determines all or select issues in the case, on either a binding basis or a persuasive basis.
  • Private early neutral evaluation or financial dispute resolution: a senior barrister expresses their views on the case (on either a binding basis or a persuasive basis) and the ways forward, and assists the parties to move towards settlement.
  • Arbitration: a confidential and streamlined alternative to a judicial decision in the Courts – the arbitrator decides the case and makes an award, adopting the rules and procedure agreed on by the parties.
  • Independent investigation and inquiry: the barrister undertakes a balanced and independent examination of the facts and make findings in a report, which may also include recommendations.

In addition, members of Chambers can be instructed to advise and represent the parties in any of these ADR procedures.

When clients and parties are looking at who to appoint in their chosen process, Chambers’ approachable clerking team is available at all times to help find the best fit.

Chambers’ expertise in each area of ADR and the members who accept appointments are set out below.

Mediation

With 10 or more accredited mediators in Chambers, parties are able to select an excellent option based on:

  • Areas of expertise in practice – with members being leading practitioners in their specialities
  • Seniority, with the team including 3 KCs and members at all levels of call
  • Style and personality
  • Broader life and business experience

Mediator profiles are accordingly incorporated within the members’ main profile to enable clients to have a holistic picture. Please click on the following links for Chambers’ Mediation documents.

Mediation brochure

Standard agreement to mediate

Standard fee arrangements – awaiting update

Expert determination and adjudication

Chambers can offer outstanding specialism in a number of practice areas, and our members are perfectly placed to provide expert determination and adjudication on difficult issues that may arise in disputes.

Members of Chambers author or edit a number of the main practitioner texts, for example Lewin on Trusts, Hollington on Shareholder Rights and Theobald on Wills, to name but three from a much larger collection. To illustrate the cutting edge of scholarship within Chambers, the 2nd edition of the Digital Estate (in relation to crypto assets) has recently been published. See all publications > 

This is complemented by the global reach of Chambers, with members having extensive experience of appearing or advising in a wealth of overseas jurisdictions. In addition, there is a depth and breadth of practical know-how, with a number of barristers having worked with regulators, as directors and trustees, in other professions, in financial services and in business.

Please see the barristers’ profiles to identify a relevant expert, with the clerks being on hand and happy to assist with any enquiries.

View barrister profiles

Contact our clerking team

Private early neutral evaluation (ENE) or financial dispute resolution (FDR)

Whilst early neutral evaluation (ENE) and financial dispute resolution (FDR) procedures are a comparative rarity in the Business and Property Courts, they can play a valuable role in dispute resolution, and there may be considerable time and cost savings by the parties privately appointing a senior barrister to expresses their views on the case and the ways forward and to assist the parties to move towards settlement.

Members of Chambers offering ENE and FDR include part-time judges, leading experts in their speciality, editors of practitioner texts and Counsel of significant standing.

Mediators accepting appointments to conduct private ENEs or FDRs are:

Arbitration

Members of Chambers have extensive domestic and international experience across a wide range of institutional and ad hoc arbitral proceedings. Please see members’ individual profiles in this regard.

In addition, members accept appointments as arbitrator to provide a confidential and streamlined procedure to determine the parties’ dispute fairly and promptly. Chambers’ dynamic and experienced clerking team is on hand to enhance the service.

A number of barristers sit part-time as judges in the Courts and also in specialist tribunals.

Members accepting arbitral appointments include:

Independent investigation and inquiry

Appointing a barrister to conduct an independent investigation or inquiry for an organisation, may be desirable in a number of circumstances, for example where:

  • Allegations or concerns involve the governing body or its members
  • The governing body is accused of bias, inaction or neglect as to allegations
  • There is public or media interest, and a greater need to demonstrate a fair process
  • There are relevant regulatory requirements.

Particular issues, amenable to independent investigation, may include potential:

  • Corruption or fraud
  • Unethical or inappropriate behaviour
  • Contravention of policies and standards
  • Breaches of a regulatory framework
  • Senior employee or board misconduct

Chambers has extensive experience across all areas of corporate activity, public sector organisations, financial services and many regulated sectors.

Please contact the clerking team to discuss which Counsel may be most suitable for appointment.

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