02. What alternatives are there to court?

Until recently, if you had a legal problem, you would normally have to go to court or a tribunal in what is often called ‘litigation’. This is still a common way of sorting out such problems. But going to court can be expensive and off-putting.

Now there are more alternative ways of sorting out complaints and legal problems. Together they are often called ‘alternative dispute resolution’ (ADR) and include things like arbitration, mediation and ombudsmen schemes. With most types of problem, courts encourage people to try these sorts of schemes first before they resort to the courts.

This leaflet explains how the different schemes work, and when you can use them. If you have a problem, you need to read this leaflet together with one of other Community Legal Service leaflets in this series, which look in more detail at different types of problem. See the back over of this leaflet for a list of all the leaflets in this series.

Why use an alternative dispute resolution scheme instead of going to court?

Alternative dispute resolution schemes are not meant to replace the courts in all cases. But they can have advantages over going to court. The advantages include:

• being more flexible;
• solving your problem faster;
• being less stressful; and
• costing you less money.

If you have a problem with a person or organisation you deal with regularly (a neighbour, for example) alternative dispute resolution can mean a better, longer-lasting solution to your problem.

You can also use alternative dispute resolution schemes as well as going to court or a tribunal.  For example, mediation can help narrow down the issues that divided people, and make it easier for you to reach an agreement or for a judge to make a decision.

Remember that either side in a disagreement can suggest using an alternative dispute resolution scheme to solve your problem.

You also need to know that court rules now require you to think about whether alternative dispute resolution is a better way to reach an agreement before going to court. If you refuse to consider this, you may not get your costs back, or you may even have to pay the other side's costs, even if you win the case.