The Role of CEDR in Dispute Resolution

It is possible to fall into a commercial dispute when you run a business. This means you and another party you work with cannot agree on an issue. For example, you may have a contract together and disagree on the meaning of a particular clause. Alternatively, you may not be happy with a business’s services provided to you because you initially agreed on something different. It is essential as a business owner to understand how you can resolve a commercial dispute and what help is available to you. Therefore, this article will explain the role of CEDR in dispute resolution.

What is Dispute Resolution?

If your business becomes involved in a commercial dispute, one way to resolve it is through dispute resolution. You may hear people refer to this as alternative dispute resolution (ADR) or appropriate dispute resolution. Dispute resolution is a process of resolving a business disagreement, avoiding commercial litigation. It can be used for the majority of business disagreements. 

There are four main types of alternative dispute resolution. These include:

• negotiation;
• mediation;
• arbitration; and 
• adjudication.

Why Do Businesses Use Dispute Resolution?

Businesses like yours may choose dispute resolution because it is generally much cheaper than commencing court proceedings. Commercial litigation can also be lengthy. 

If you do not win your case, a court usually makes you pay costs for the other party. Although dispute resolution still has a price, it is generally less than court litigation, and if you do lose, you will not have to pay costs for the other party.

What is Commercial Mediation? 

Commercial mediation is a popular alternative dispute resolution (ADR) for resolving a business dispute agreement. It involves an independent mediator facilitating the meeting between you and the other party to encourage you to discuss and come up with your resolution to the dispute. You should note that mediation is a confidential and relatively cheap process. 

What is the Role of CEDR?

CEDR stands for the Centre for Effective Dispute Resolution (CEDR). It aims “to provide society with skills and solutions for effective dialogue and to bring about sustainable change.” CEDR specialises in conflict resolution and is a leading alternative dispute resolution (ADR) service provider. It works with organisations such as businesses like yours and individuals as consumers. CEDR also offers training and consulting for negotiation and mediation. 

CEDR and Mediation

One of CEDR’s specialities is the mediation of commercial disputes. CEDR helps small businesses like yours with disputes involving billions of pounds. It works with various industry sectors and has over 30 years of mediation experience. Mediation is the most common ADR process people use through CEDR. 

CEDR offers its mediation services online and through the telephone, and you can choose an editor through its website. They can even help recommend one if you are still deciding which to choose. Their mediation services offer specific schemes, such as the ‘Investor-State Mediation Service’.

How to Manage a Business Dispute

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CEDAR’s Other ADR services

CEDAR also offers other commercial ADR for your business. They offer adjudication, a form of ADR that provides a written binding decision for a commercial dispute. The two schemes they offer are:

• Construction Adjudication; and 
• UK Finance (IFABL) Scheme.

In addition, CEDR offers arbitration services. This is a confidential process in which an independent party decides on a dispute. CEDR encourage this to result in a settlement.

CEDR also offers early neutral evaluation and expert determination ADR processes. The former uses a neutral person, to which CEDR has access. This person will let parties to the dispute know the following for their dispute:

• facts;
• evidence; and 
• legal arguments.

Expert determination involves an independent person making a binding decision on technical rather than legal issues in dispute. They will ask you questions before they make their decision. 

Key Takeaways

If you fall into a commercial dispute, you may use dispute resolution. This is also termed alternative dispute resolution (ADR) or appropriate dispute resolution. ADR involves different processes to resolve commercial disputes without the need to carry out court proceedings. As court litigation is expensive and lengthy, your business will likely turn to an ADR process instead. Commercial mediation is a popular form of ADR and involves an independent mediator confidentiality, facilitating discussions between you and the other party.

This helps you both to come up with a resolution for the dispute. CEDR stands for the Centre for Effective Dispute Resolution. They are specialists in conflict resolution can provide services in ADR. Their speciality is in mediation, and you can choose a mediator from them. CEDR also offer:

• adjudication;
• arbitration;
• early neutral evaluation; and 
• expert determination. 

If you need help understanding the role of CEDR in dispute resolution, our experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.

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