CADR cannot impose ADR or terms of settlement which the parties must accept. Initially, it is for
those who are in dispute about legal costs to agree that they wish to resolve their differences by
ADR to avoid going to court where the quantum of costs would be decided by a judge.
Once that agreement is reached, contact should be made with the Registrar at CADR, who will arrange for all the administrative formalities to be dealt with., such as the drafting of the ADR agreement for
the parties to sign.
In this respect:
The parties choose a panel member from the CADR list and agree on a fee with the Registrar, who can also assist in that selection and fix a limit on the level of expenditure.
A mutually convenient date and the venue are chosen (for example, in 28 days' time at CADR suites at 218 Strand or remotely via video link).
The length of the ADR is agreed which can be anything from one hour to one day (longer
if needed, but that is rare).
If a written determination of any issue is required, a timetable for the provision of relevant documents either on paper or electronically, is agreed upon, together with a date by which the CADR expert will deliver his or her opinion (e.g. five working days).
Where the parties have requested a paper assessment, which can be binding or non-binding, the guaranteed turnaround from receipt of materials is 28 days.
The ADR process is fully secure and confidential, and the outcome is never disclosed unless the parties agree.
In the unusual event that the CADR ADR process does not lead to a settlement, any supporting materials will be returned or consigned to confidential waste, but the CADR expert will remain available to assist, as settlements can be achieved subsequent to the ADR process where terms are not agreed on the day.