The Digital Transformation of Alternative Dispute Resolution (ADR)

ADR is a broad term that encompasses a range of approaches and techniques, but primarily ADR is a process used to settle disputes outside of court.

Articles

TrialView

August 27, 2025

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Alternative Dispute Resolution (ADR) has evolved from an alternative to litigation into a central, strategic pillar of the modern legal system. And that’s partly because today’s legal industry is more focused on being efficient, easy to access, and collaborative.

This shift has made ADR a useful way to solve disputes. By providing a range of processes outside of the courtroom, ADR gives parties more control over their outcomes, saves resources, and can even help keep important business relationships intact.

An Introduction to Alternative Dispute Resolution

ADR is a broad term that actually encompasses a range of approaches and techniques, but primarily ADR is a process used to settle disputes outside of court with the help of a neutral third party.

It is typically a private process and any proposals or agreements made during the resolution process only become legally binding once a final, enforceable agreement is reached. This confidentiality protects reputations and allows parties to explore solutions that are not restricted by legal precedent or courtroom rules. For example, a monetary dispute could be settled by providing a discount on future services. This is a solution that a judge would be unable to order in court, but is more beneficial to the parties as it could preserve a business relationship.

Key Aspects of ADR in the UK

ADR isn’t a single solution but a group of specialised methods, each designed to address different types of disputes and commercial relationships, which is what makes it such a useful and flexible approach.

In the UK, the four main types of ADR are negotiation, mediation, arbitration, and conciliation, alongside other important methods like adjudication and expert determination.

Mediation

Mediation is a collaborative process where a neutral third party, the mediator, facilitates a negotiated agreement between the disputing parties. Unlike a judge or an arbitrator, a mediator does not impose a solution. Their role is to help the parties clarify their issues and needs, and explore potential solutions themselves.

Mediation is confidential, flexible, and can be resolved in one day, making it a cost-effective and swift option when both parties are open to it. It is particularly effective for preserving commercial relationships, as it encourages direct communication and a search for mutually beneficial outcomes.

Arbitration

Arbitration is a more formal process than mediation, serving as a private judicial hearing where a neutral third party, an arbitrator, hears the case and delivers a final, legally binding decision. Arbitration clauses are often used in advance within contracts, which specify that any disagreements must be resolved via this method rather than through litigation.

A key benefit of arbitration is the parties’ control over the process, as they can often select the arbitrator based on their expertise and tailor the rules of the procedure to fit their specific requirements. Unlike some of the other approaches, the arbitrator's decision is binding and enforceable.

Adjudication

Adjudication is a specialised form of ADR, found most commonly in the construction industry. It operates on a strict 28-day limit, and the final decision is immediately binding and enforceable.

Although the decision can be overturned later in a court or arbitration, adjudication provides swift resolutions, which are particularly helpful in keeping construction projects moving forward.

Conciliation (and Expert Determination)

Conciliation is very similar to mediation, but a key difference is that the conciliator often has a statutory basis for their appointment and may actively suggest settlement options to the parties.

Expert determination is an informal process where parties appoint an expert to give a final and binding decision, usually on a limited and specific technical issue.

The ADR methods, their similarities and differences are displayed in the table below to provide a visual comparison of their approaches.

ADR Method	Description/Purpose	Legally Binding?	Third Party Role	Example Use	Statutory Basis?
Mediation	Neutral mediator facilitates negotiation to help parties reach an agreement.	Not legally binding until a final agreement is signed.	Facilitator, helps parties find their own solution.	Commercial contracts, family disputes, general claims.	Encouraged by CPR 1998, but no specific statutory basis.
Arbitration	A private, formal judicial process where a neutral arbitrator delivers a final decision.	Yes, the decision is final and enforceable.	Decision-maker, like a private judge.	International trade, commercial contracts, large-scale disputes.	Yes, the Arbitration Act 1996.
Adjudication	A fast, interim dispute resolution for construction disputes.	Yes, on an interim basis ("pay now, argue later").	Expert adjudicator, delivers a binding decision.	Construction projects, disputes under the Construction Act.	Yes, Housing Grants, Construction and Regeneration Act 1996.
Conciliation	Neutral third party actively helps parties to settle disputes, often by suggesting settlement options.	Not legally binding until a final agreement is signed.	Facilitator who can actively suggest solutions.	Labour disputes, consumer complaints.	Often has a statutory basis; for example, the ACAS in the UK.
Expert Determination	Parties appoint an expert to provide a final and binding decision on a specific technical issue.	Yes, the decision is final and binding.	Expert decision-maker.	Disputes over asset valuation, technical specifications.	No specific statutory basis, but can be contractually agreed.

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The variety of ADR approaches demonstrates the varied needs of different disputes and industries, and shows that a single method cannot address all types of conflict.

Technology and ADR: What is ADR Software?

When it comes to managing ADR more effectively, legal teams are turning more and more to tech solutions. And one that specifically helps with alternative dispute resolution is ADR software. ADR software is a tool that has been designed for lawyers, and typically helps with a range of tasks across the ADR process, from case preparation to final hearing. The most extensive types of ADR software often act as a unified hub for all case-related activities, including document management, bundling, and client communication.

Nowadays, many of these tools also use some form of AI to help with automation. ADR software with AI can often carry out tasks like case analysis (helping users predict likely outcomes or identify gaps in their opponents approach), as well as data extraction and examination. ADR software tools like TrialView for example, allow users to use AI to identify key pieces of information, make more informed decisions, create timelines and generate bundles. These capabilities help to remove manual work, save time and resources, and also provide a strategic advantage to the team.

The increasing reliance on technology also presents a strategic shift for legal professionals as they move away from manual, repetitive tasks. Lawyers can now remain focused on higher-level strategic thinking and client communication, leading to more robust decision-making, stronger cases and theoretically, more positive outcomes for their customers and their firms.

These advancements are key to making the legal system more efficient and accessible, but they also help law firms provide a better service to their customers, alongside an increased chance of a positive outcome.

While technology offers significant benefits, there will undoubtedly be some challenges. For example, a concern at the moment is the digital divide and therefore, the fairness of remote proceedings or approaches that are driven by technology. It is unethical to assume that all parties have access to reliable technology, or even the internet, which could inadvertently create a new form of inequality or disadvantage for certain clients.

We are also seeing an overreliance on technology in some places, leading to incorrect, false or problematic information in cases. At TrialView, we believe that technology shouldn’t replace lawyers, as their experience is such a valuable part of the legal process, but instead work side by side with them.

How TrialView Enhances the ADR Process

TrialView provides award-winning ADR software, purpose-built to centralise the entire case preparation and hearing process for modern dispute resolution. And not only will it help you across the whole process, but it is also useful for every legal professional involved in the case, from paralegals upwards!

TrialView empowers legal teams to streamline their dispute resolution workflows, providing AI-powered insights that allow them to build timelines, uncover inconsistencies, and strengthen their case. With TrialView, professionals can instantly create hyperlinked, court-compliant bundles, seamlessly present evidence in virtual hearings, and collaborate in real-time with their team, no matter where they are in the world.

By bringing together evidence presentation, video conferencing, and real-time transcription, TrialView is an essential tool for out-manoeuvring traditional processes (and your competition) and ensuring a superior outcome in every ADR approach.