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Keeping complaints out of court – everything you need to know about Alternative Dispute Resolution (ADR)
Many complaints and disputes can be resolved without the time, cost and stress of going to court. With County Courts busier than ever and cases taking longer to be heard, it’s no wonder that the legal rules have now been changed to encourage parties to resolve their issues in a better way, using litigation only as a last resort.
Changes to the rules about complaints and claims
Following the court’s decision in the 2023 Churchill v Merthyr Tydfil County Borough Council case, Civil Procedure Rules (CPR) have now been updated to require that parties consider Alternative Dispute Resolution (ADR) before issuing court proceedings. The CPR says that ‘litigation should be a last resort’.
So, what does this mean in practice?
- Well, before commencing court proceedings, the Civil Court now expects parties to consider whether negotiation or some other form of ADR might enable them to settle their dispute as part of their pre-action protocol.
- Parties should continue to consider the possibility of reaching a settlement at all times, including after legal proceedings have started. Part 36 offers may be made before proceedings are issued.
Different types of Alternative Dispute Resolution
There are different ways that parties may go about negotiating to settle a dispute using ADR, including –
- Mediation (using a third party to facilitate a resolution)
- Arbitration (using a third party to decide the dispute)
- Early neutral evaluation (engaging a third party to give an informed opinion on the dispute) and;
- Ombudsman schemes (these offer independent, free and impartial for a range of businesses and industries)
If a settlement can’t be reached and court proceedings are issued, parties may be required to provide evidence that ADR has been considered. Not responding to an invitation to participate in negotiations, or refusal to participate in ADR might be considered unreasonable by the court. This could lead to a judge ordering a party to pay additional court costs, so ADR must be taken seriously as an option.
Specialist mediation for Animal Owners and Veterinary Practices sector
The Veterinary Client Mediation Service (VCMS) is a voluntary, independent and free complaint mediation service for clients whose animals have received veterinary care and for the veterinary professionals providing that care.
It is an Approved Alternative Dispute Resolution (ADR) Provider, meaning it is a recognised scheme, rubber-stamped by the Chartered Trading Standards Institute – the Government body which approves and monitors all ADR providers. As an approved ADR, the VCMS is a recognised ADR process and meets the requirement for parties to utilise ADR before commencing legal proceedings.
The VCMS process resolves over 80% of disputes between animal owners and veterinary practices mediated by the service. The resolution managers are independent, and as an ADR service dedicated to veterinary complaints, have a good understanding of the veterinary sector which helps animal owners and practices to find a resolution.
For those cases where the process does not help the parties to agree a resolution, the VCMS can provide parties with confirmation that an ADR process has been attempted, satisfying the court’s requirement that it has been considered. This certificate is provided upon request by either the complainant (animal owner) or the veterinary practice.
For more information about the VCMS, the resolution process and how to contact the VCMS, visit our contact page here.
