need help?
Solicitors in Scotland | Specialists in Dispute Resolution

For You... ...For Your Business... ...For Life


New Guidance for Scottish
Solicitors for ADR

New Guidance for Scottish Solicitors for ADR

November 12, 2014
Solicitors Scotland

The Law Society of Scotland backs consideration of alternatives to court action and has issued new guidance to Scottish Solicitors about alternative forms of dispute resolution.

Solicitors are now expected to have “sufficient understanding of commonly available alternative dispute resolution options”. These options should be discussed with clients and given “proper consideration”. Clients should be able to make an “informed decision” on which method of dispute resolution best suits their needs and desired outcome.

For example, raising court action may cause parties to a dispute stop working together. It may be better that the parties have an opportunity to discuss their concerns and consider their differences. The parties would be actively involved in the process, and would be able to seek out opportunities and a course of action, which may resolve their dispute.

It is also appropriate to consider when alternatives to court action may not be in the best interests of a client. There may be concerns about intimidation of one party, or a need for protective orders.

The solicitors at Taylor Law are experts in alternative forms of dispute resolution. In many disputes, we view the raising of court proceedings as a last resort. Taylor Law’s principal solicitor, Ross Taylor, is an accredited mediator. He has also been involved in a number of adjudications, arbitrations and round-table discussions.

back to news

other recent news

Online Dispute Resolution (ODR): pipe dream or possibility?
June 2, 2015

The answer to this question, believe it or not, appears to be: possibility. The Civil Justice Council is currently preparing a report on the potenti...

Lanes Group Plc v Galliford Try Infrastructure Ltd Update
November 12, 2014

Lanes Group Plc v Galliford Try Infrastructure Ltd: update on decision of the Technology and Construction Court London, June 2011 Since our earli...

Ignore ADR at your peril
November 12, 2014

The Court of Appeal in England and Wales last month sent another message that if you ignore a genuine offer to participate in alternative forms of disp...

Our Services

From our offices in Edinburgh and Aberdour, we are ideally positioned to deliver our specialist services across Scotland and throughout the United Kingdom.

Our Locations