Alternatives to court

• 01. Introduction

• Going to court to solve a problem can be expensive, stressful and time-consuming. But there are other ways of dealing with many types of complaint. This leaflet explains how they work and when you can use...

• 02. What alternatives are there to court?

• Until recently, if you had a legal problem, you would normally have to go to court or a tribunal in what is often called litigation . This is still a common way of sorting out such problems. But going to court can be expensive and off-putting. Now there...

• 03. Do I need a lawyer to use alternative dispute resolution?

• Just as you would seek advice when going to court, you should in most cases seek advice when choosing an alternative dispute resolution method and when reaching agreements. Advice can also be useful when you are writing a complaint letter or using a formal...

• 04. How do I decide whether to use an alternative dispute resolution scheme?

• How you choose to solve your problem depends on: the result you want; what you can expect to achieve; how you want to go about solving your problem; and how willing the other side is to try and solve the problem. The result you want You...

• 05. How do alternative dispute resolution schemes work?

• There are many different types of alternative dispute resolution scheme. The one (or ones) you choose to use will depend on: how you want your problem dealt with; and what sort of problem you have. (Not all methods are available for all kinds of...

• 06. Mediation and conciliation

• These involve an independent mediator (someone who doesn't take sides and who will not gain or lose anything by the outcome). They will help you and the other person or company find a solution to the problem. You and your opponent, not the mediator, decide...

• 07. Arbitration

• This is sometimes described as a 'private version' of going to court. It involves an independent arbitrator who is impartial (someone who doesn't take sides, and who won't gain or lose anything by the outcome). They will hear both sides of the disagreement...

• 08. Expert determination

• In expert determination, an independent person looks at the case and gives a decision. The person making the decision is usually an expert in the subject of the disagreement. They are chosen jointly by both sides, who agree from the start to be bound by the...

• 09. Early neutral evaluation

• With this option an independent person looks at the claims made by each side and gives their opinion either on: what they think the result should be; or a particular point of law. Their opinion is non-binding, so either side can use it to decide...

• 10. Grievance and complaints procedures

• These are usually the first stage of resolution for many disagreements you have with companies or government departments. In some cases, you cannot use another method of sorting out a problem (such as an ombudsman) if you have not gone through the complaints...

• 11. Litigation

• Litigation often leads to a settlement (agreement), but if a settlement can't be reached, an independent person (for example, a judge, jury, referee or tribunal) hears arguments from both sides and then makes a judgement. Unlike most alternative dispute...

• 12. Negotiation

• This involves dealing directly with the person or organisation you have a problem with. You can do this yourself, or you can get a representative (such as an adviser or solicitor) to do it for you. Negotiation is usually a good first step. It starts with...

• 13. Ombudsmen

• Ombudsmen are independent 'referees' who look at complaints about public and private organisations. They are often a last resort when complaints cannot be sorted out through an organisation's own complaints procedure. Ombudsman services: are free to use;...

• 14. Regulators

• Regulators oversee the way certain companies which have a public role behave, and look at complaints from customers. Taking a complaint to a regulator is free. But they can only look at the way your complaint was dealt with, not at what you complained about....

• 15. How much does alternative dispute resolution cost?

• When working out how much it will cost to deal with a problem, you need to take into account: fees or charges for the alternative dispute resolution service (if it is not free); your own expenses, including things like travel and photocopying; the...

• 16. Dispute resolution services

• Mediation Academy of Experts phone: 020 7637 0333 www.academy-experts.org/ The ADR Group phone: 0117 946 7180 www.adrgroup.co.uk AIMS (Advice,Information and Mediation Service For people with problems with sheltered and retirement...

• 17. Further Help

• Citizens Advice Bureau (CABx) Your local CABx is listed in the phone book. The website of Citizens Advice Bureau (CABx) Advice UK Phone: 020 7489 1800 ...