Frequently Asked Questions
Find answers to common questions about our services and the ADR process.
About CADR
What is Costs ADR?
Costs ADR (CADR) brings together expert lawyers who are highly experienced in handling all aspects of legal costs. We enable costs disputes to be resolved by Alternative Dispute Resolution (ADR) both in England and Wales and internationally.
Who are your panel members?
Our panel includes former Senior Costs Judges, ex-judiciary members, leading barristers (including QCs), experienced costs lawyers and expert practitioners. All have decades of experience in costs matters.
What types of ADR do you offer?
We offer Mediation, Arbitration, Expert Determination, Early Neutral Evaluation, and Fixed Fee Paper Assessment. Each method has its own advantages depending on the nature and value of your dispute.
The Process
How do I instruct CADR?
Contact our Registrar who will discuss your requirements and help select an appropriate panel member. You can reach us via our contact form or by telephone. The Registrar can also fix a limit on the level of expenditure.
How long does the process take?
This depends on the complexity of your dispute and the method chosen. Mediations typically take one day. Expert Determinations and Early Neutral Evaluations can often be completed within weeks rather than the months required for court proceedings.
Is the outcome binding?
This depends on the method chosen and the agreement of the parties. Arbitration results in a binding award. Expert Determination can be binding or non-binding as agreed. Mediation results in a binding settlement if the parties reach agreement.
Costs and Fees
How much does CADR cost?
Fees vary depending on the service required and the panel member selected. Contact our Registrar for a quote based on your specific requirements. Our fees are typically significantly less than the costs of court proceedings.
Who pays for the ADR?
Usually the costs are shared equally between the parties, though this can be agreed otherwise. In mediation, the allocation of costs can form part of any settlement reached.
What if I can't afford ADR?
Consider that the costs of ADR are often a fraction of court proceedings. The potential savings from avoiding detailed assessment can be substantial. Speak to our Registrar about options for your situation.
Legal Implications
What happens if I refuse ADR?
Courts have consistently held that unreasonable refusal to engage in ADR can result in costs sanctions. You may be ordered to pay costs on the indemnity basis or be deprived of costs you would otherwise recover.
Is ADR confidential?
Yes. All CADR proceedings are confidential. Nothing said or disclosed during the ADR process can be used in subsequent court proceedings without the agreement of all parties.
Can I still go to court if ADR fails?
Yes. If ADR does not result in a resolution, you retain all your rights to pursue or defend the matter through the courts. Having attempted ADR in good faith may be viewed favourably by the court.
Still Have Questions?
Contact our team and we'll be happy to help with any questions about our services.
Get in Touch