Dispute Resolution: The get-out clause
The Woolf reforms were designed to foster a less confrontational approach to the resolution of disputes, but bad feeling is often too entrenched at the time a dispute becomes formal for the softly-softly approach to work. The drafting of an effective dispute resolution clause in the initial contract may therefore prove invaluable, says Carol Mulcahy
Dispute resolution today is about choosing the most appropriate and cost-effective method of resolving a dispute. The range of such procedures is growing every day. In addition to the traditional alternatives to litigation such as arbitration and expert determination, the growing acceptance of alternative dispute resolution (ADR) by clients and lawyers alike in the wake of the carrot and stick approach embedded in the Woolf reforms has encouraged the development of various forms of ADR procedures by dispute resolution organisations and within industry sectors.
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