Move Over ADR ' Negotiated Dispute Resolution Is Here

• Published date: 14 July 2022
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: IPOS Mediation
• Author: Ms Rebecca Clark

Language: we change it, and it changes us. It's estimated that three new words are added to the English Language every day. And those already existing take on new meanings; your sick dog might be poorly, or (preferably) cool. With so many words now available, the ones we choose become loaded with meaning.

Let's look at three words close to my heart: Alternative Dispute Resolution. While the D and R part of ADR remain the same, is it now time to lose the A? Both the Civil Mediation Council and the Master of the Rolls, Sir Geoffrey Voss think so. Originally the A meaning was an "alternative to court", however the word alternative can now be understood as non-traditional, non-proven, non-mainstream or even wacky. These associated meanings are not helpful for a process that is actually proven, mainstream and effective. The A in ADR is therefore no longer fit for purpose.

And it would appear that the Courts agree. The 2022 Commercial Court Guide has introduced us to a new descriptor: Negotiated Dispute Resolution. NDR is specifically used in place of ADR.

Is all this just semantics? I don't think so. When people talk about disputes, they use strong words - rights and wrongs, breached obligations, harm done, damages. Litigation processes are formal and...