Rights and Discrimination
Sort out your legal problem before or instead of going to court
Summary
Feeling worried about a legal problem? Learn how to use negotiation, mediation, and other dispute resolution to solve a legal problem without going to court. Our easy to follow guide explains what your other options might be and how to use them effectively, including how to complain, negotiate, use mediation or arbitration services, or complain to an Ombudsman. This is called alternative dispute resolution, and you can use it before or instead of going to court. The information in this guide applies to England and Wales. 1 Is this guide for you? 2 Step 1 - Negotiate 3 Step 2 - Make a complaint 4 Step 3 - Decide if you want to take it further 5 Step 4 - Check if your problem is the type that can be resolved by ADR 6 Step 5 - Find out about the costs of ADR 7 Step 6 - Find an ADR provider 8 What does it mean? 9 About this guide * what alternative dispute resolution is, * the types of problems it might be able to help you sort out, * how to find a provider; and * how to pay for it. * Courts are not usually the right place to sort out problems caused by a communication difficulty or a misunderstanding. Talking to each other to find a solution that you can both live with can sometimes.
Key information
- what alternative dispute resolution is,
- the types of problems it might be able to help you sort out,
- how to find a provider; and
- Courts are not usually the right place to sort out problems caused by a communication difficulty or a misunderstanding. Talking to each other to find a solution that you can both live with can sometimes make it possible for you to go on having some kind of relationship in the future. This can be important if your dispute is with a neighbour, your landlord, a friend or family member, or your child’s school.
- Sometimes, taking someone to court is likely to be your best or only option. For example, if you are about to lose your children, your home or your job or be deported you may need an urgent solution; one that only a court can provide. If you are in one of these situations, get some legal advice quickly.
- ‘Alternative Dispute Resolution' (ADR) is the name for a range of options for resolving legal problems, often without going through the court process. You may also hear it called 'Appropriate Dispute Resolution'.
- If you need to solve a family problem, you will also find our guide to Family Mediation helpful.
- If you need to solve a problem about a product or service that did not work, or a breach of contract, including someone owing you money, you will also find our guide to Civil Mediation useful.
- Check out Resolver – a website which offers a free tool to help people make complaints. It explains your rights, helps you write your email and sets up an online case file where you can upload everything to do with your complaint.
- A local advice agency may be able to help you find out the time limits for your complaint and help you draft a complaint letter .
- The Public Law Project has a helpful leaflet about making an effective complaint to a public body.
- Before you decide what to do, be clear in your own mind what you think the problem is and how you would like things put right.
Practical guidance
Related topics
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Sources
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.