ADR

Gough Square Chambers offers a number of Dispute Resolution services on an ad hoc basis. An ad hoc service is one which is agreed upon by the parties after a dispute has arisen. We can also offer Resolution services on a pre-agreed contractual basis: the Head of Chambers for the time being can be specified as an appointer of resolvers under contractual provisions contained in the terms and conditions of a business. The appointee will be drawn from our own membership. We focus on consumer-related disputes although some of our services are appropriate in a wider context. For further information on:

  • model contractual provisions
  • the services we can offer; and
  • fees chargeable for dispute resolution within Gough Square

please contact our clerks.

Documents-only adjudication

Gough Square Chambers can offer adjudication services in consumer contracts according to an adjudication agreement. We can tailor the extent and nature of the adjudication agreement to the circumstances of the dispute or can provide a standard adjudication agreement with an adjudicator from Gough Square Chambers to be appointed. The decision which will be reached by our adjudicators will be evidence-based in accordance with the documents which are submitted, preferably online. As far as possible all communications will be by email.

Early neutral evaluation (documents-only)

Under this process, members of Gough Square Chambers can provide parties with a preliminary assessment of the facts, evidence or legal merits of a case or an issue in the case. The process can be used as a basis for future negotiations, or to help the parties to avoid fruitless stages in litigation or unnecessary costs. The members of Gough Square Chambers will expect the parties to enter into an agreement making clear that the process is ”without prejudice” before the evaluation can be undertaken. This evaluation is undertaken on the basis of documents only.

Expert determination

Expert Determination is a method of reaching a resolution without litigation. The model offered by members of Gough Square Chambers is that a named independent expert in the consumer-related subject matter of the dispute is appointed by the parties to resolve the matter. The expert’s decision is – by prior agreement of the parties – legally binding on the parties. Like all ADR processes it is entirely confidential.

Mediation

Claire Andrews is a qualified and experienced mediator, an individual member of the Civil Mediation Council and sits on the Bar Council ADR Committee. She offers mediation, arbitration and adjudication in consumer-related matters.

Mediation advocacy

All members of Chambers offer mediation advocacy. Claire Andrews and Julian Gun Cuninghame have attended the Bar Council training courses in mediation advocacy.