Alternative Dispute Resolution
Ampersand has vast experience in ADR matters across various forums both as facilitator or acting for one of the parties as counsel.
The 3 main areas Ampersand’s members have experience in ADR are noted below. If you are interested in instructing an Ampersand advocate to act as facilitator you can contact the Faculty of Advocates Dispute Resolution Service and the advocate directly, or to represent an interested party as counsel, the Ampersand Clerking Team.
In Adjudications, a fast track form of dispute resolution which allows parties to have their dispute determined, out of court, by an adjudicator, Ampersand members have experience of representing parties and as appointed adjudicators. Since the coming into force the Housing Grants, Construction and Regeneration Act 1996 a right to refer a dispute to adjudication has been mandatory in most construction and engineering disputes in the UK.
Arbitration can be a cost effective and confidential method of resolving disputes. With the Arbitration (Scotland) Act 2010 coming into effect, Scotland has a modern, innovative arbitration regime to rival any other.
In the arbitration field, members cover a wide range of industry sectors, including construction, joint ventures, oil and gas, in the financial sector, in sports arbitrations and a number of members are part of the new Faculty of Advocates Arbitration service (FOA Arbitration), which includes Personal Injury claims. Members act for parties often being instructed directly or via a recognised arbitral institution – Ampersand have a number of fellows and members of the Chartered Institute of Arbitrators (CIArb).
Members of Ampersand are regularly instructed in mediations. Ampersand has a number of qualified mediators, recognised as facilitators of settlements in a variety of disputes, whether modest or substantial, straightforward or complex. In addition, members have experience in dealing with all types of disputes, advising on strategy, drafting mediation papers, and representing and negotiating on behalf of parties at mediations.