Alternative dispute resolution: Strategic negotiation and resolutionv
We partner with your firm to provide litigation-informed strategy to all forms of alternative dispute resolution (ADR).
Our role is to ensure that every negotiation, mediation, or arbitration is conducted from a position of strength, built on the predictive analysis of how the case would stand in court
We serve as the discreet, specialist counsel, delivering the technical leverage required to secure a favourable, cost-effective outcome for your client while you retain control of the primary relationship.
What is it?
Alternative Dispute Resolution (ADR) encompasses methods like mediation, arbitration, and expert determination.
These approaches offer a private, flexible, and often quicker path to resolving complex intellectual property (IP) disputes without the need for a full trial.
While these methods are non-binding (except for arbitration), they are governed by commercial strategy and a precise understanding of legal risk. They may, of course, then become binding if a settlement is reached and settlement agreement is signed.
They are a crucial step in fulfilling pre-action protocols and demonstrating 'reasonable behaviour' to the court - should the issue later reach a full trial.
Alternative dispute resolution: How we assist you
We empower your firm to confidently guide your client through the most strategic forms of ADR, providing the deep IP insight necessary to turn negotiation into quick and suitable resolution.
- Valuation for negotiation: We provide clear, objective assessments of the case's likely value (quantum of damages) in court, giving your team the defensible data needed for negotiation leverage.
- Mediation strategy: We prepare your client and your team for the mediation process, identifying the core commercial and legal concessions required from both sides to achieve an optimal settlement.
- Arbitration counsel: For binding arbitration, we act as the specialist counsel, presenting the IP case with the same forensic rigour as a High Court matter, ensuring the best possible enforceable outcome.
- Cost control & client discretion: We deliver an outcome that drastically reduces litigation spend and preserves the client's privacy, protecting them from public scrutiny and prolonged expense.
Our unique capability in this area
Our firm’s unique strength in ADR comes from our specialist experience in IP litigation. We view every ADR process not as a separate event, but as an integral part of the overall legal strategy, informed by courtroom reality.
- Court-tested leverage: We know precisely the strengths and weaknesses of an IP case under cross-examination. This knowledge allows us to accurately predict the trial outcome, which is the most powerful negotiating tool in any ADR session.
- Objective analysis: We provide a detached, objective assessment of risk, helping your firm guide your client away from emotionally-driven decisions toward commercially sound resolutions, at the early stage where issues can be resolved more flexibly.
- Full compliance: We ensure all ADR steps are fully compliant with Pre-Action Protocols, securing the client's position for favourable cost recovery should the case eventually proceed to litigation.
Alternative dispute resolution: Common questions and answers
When is ADR the preferred method for resolving an IP dispute?
ADR is preferred when a client prioritises confidentiality, a rapid resolution, and the preservation of a future commercial relationship with the opposing party.
It is also preferred when the cost of litigation would be disproportionate to the value of the claim, such as in many small-to-medium-sized disputes. For the most part, it is best practice to seek a mutually agreeable resolution at the beginning of a legal dispute; even if this fails and the issue is tried in Court.
What is the role of your litigation firm during a mediation session?
Our primary role is to advise your instructing solicitor on the evidential and procedural limits of the case, in real-time.
We ensure that your client does not settle for less than the case is worth by constantly benchmarking the current offer against the likely outcome of a High Court trial.
Our presence provides a decisive, expert layer of strategic support.
Does attempting ADR affect our ability to succeed if the case goes to court?
No. Compliance with the Civil Procedure Rules (CPR) by attempting ADR is viewed favourably by the court and typically does not prejudice your client's case.
In fact, the detailed exchange of information during ADR often refines the key issues, making the subsequent litigation more efficient if a settlement is not reached. As above this is best practice, and often viewed more favourably in Court, as it ensures that the issues that are tried are only those within the dispute that are absolutely necessary.
What cost model is typically used for ADR services?
ADR is ideally suited to fixed phase pricing. We can usually agree on a fixed fee for the strategic preparation and attendance at a one-day or two-day mediation or arbitration hearing.
This provides your client with clear budget certainty before entering the settlement process.
Partner with specialist IP counsel
Provide your clients with a path to rapid, discreet, and commercially sensible resolution. Use the calendar below to arrange a confidential consultation on integrating our specialist ADR strategy into your firm's dispute resolution toolkit.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
Find out more about how we charge for what we do here.