ADR
Although alternative dispute resolution has been part of the Scottish legal landscape for centuries it is only in the last few years that ADR has seen a resurgence of interest.
Generally, ADR is a powerful and flexible tool for the resolution of disputes of all kinds which arise in both a commercial context and between private individuals.
Arbitration is a technique for the private resolution of any dispute. The decision of the arbiter is legally binding upon the parties to the dispute. An Arbitration Bill is currently making its way through the Scottish Parliament providing an urgently needed framework for arbitrations taking place in Scotland.
Mediation is a newer form of ADR which is seeing an enthusiastic reception in Scotland. Mediation is a flexible, discrete and confidential dispute resolution process which allows parties, through the use of a mediator, to resolve even the most intractable of disputes or differences.
Adjudication is a statutory procedure where any party to a construction contract may have that dispute decided by an adjudicator.
John Campbell Q.C. has been an enthusiast proponent of ADR for over twenty years. John is currently the President of the Chartered Institute of Arbitrators (2009) and is a trained mediator.
John Carruthers has appeared in a number of adjudications and mediations covering such diverse areas as boundary disputes to building contracts.