04. How do I decide whether to use an alternative dispute resolution scheme?

How you choose to solve your problem depends on:

• the result you want;
• what you can expect to achieve;
• how you want to go about solving your problem; and
• how willing the other side is to try and solve the problem.

The result you want

You can get different things from going to court than from alternative dispute resolution. By going to court, you might get:

• an order that something be done or stopped;
• compensation; or
• a judgement from the court about who is right and who is wrong.

By using an alternative dispute resolution, you might get:

• a change in the way a person or organisation behaves;
• a promise that a person or company won't do something;
• getting something you own fixed;
• getting something you own replaced;
• an apology;
• an explanation for what happened to you;
• a mistake corrected; or
• compensation (for example, for an injury).

What you can expect to achieve

What you want to achieve may not be possible for your particular problem, and it's important to know this before starting out. For example, you might want to use mediation to get a full explanation of what went wrong. But if the other side isn't willing to take part in mediation, this won't be possible.

In cases of discrimination at work, for example, employers are often responsible for what their employees do. In the case of a complaint about neighbour nuisance the neighbour or the landlord might be the right person to approach. If you are not sure who is responsible, an advisor should be able to help you.

Another important factor is identifying who the other side is – who is responsible for what happened. In some cases this is straightforward. But in others (some consumer disagreements, for example), it can be difficult to identify not just the person who gave you the service or made the decision, but who is legally responsible.

In cases of discrimination at work, for example, employers are often responsible for what their employees do. In the case of a complaint about neighbour nuisance the neighbour or the landlord might be the right person to approach. If you are not sure who is responsible, an advisor should be able to help you.

You will need to find out if the alternative dispute resolution service can produce the result you want. For example,if you have been injured during medical treatment and your main priority is to get compensation, you are unlikely to get that through the NHS complaints procedure or the Health Service Ombudsman. But if you feel it is most important to bring the problem to people's attention, so that the same thing doesn't happen to someone else, you will most likely get this by using the Health Service Ombudsman.

How you want to go about solving your problem

No single form of dispute resolution can give you everything you want. The result is only one thing to think about – how the problem is resolved can be just as important. Things to think about include:

• what it will take to get your problem sorted out;
• how much it will cost;
• how it will affect your life, including your family and your work; and
• how much time you can spend on it.

For example, you might feel it is important to be able to have a hearing or meeting where you can state your case in person. Mediation can usually offer this. Or you might feel that you don't want to go to a hearing but would rather have the matter dealt with on paper only (a 'documents only' process).

When thinking about your options, remember to take into account your own costs and expenses, such as travel, childcare and time off work.

How quickly you want your problem solved

The time it takes to use an alternative dispute resolution process can be a major factor. Some matters are extremely urgent and important and going to court is the only safe option (for example, if you are in danger of losing your home). You can, however, follow up court action with another process to deal with other areas of a problem.

Other things to think about

Remember that some methods have to be the last thing you try, not the first. This is because those methods are 'binding' (which means that both sides, or sometimes just one side, must do what they are told to or agree to). If you use a binding method, you can't go on and use a different method if you are not happy with the result.

Also, in some cases, you can't use two methods at the same time. For example, you cannot take your problem to court and to an ombudsman at the same time.

Remember that for some types of problem there is a time limit for taking a case to court or to another dispute resolution process. So if you are using one process, you need to be sure that it will not put you beyond the time limit for taking your case elsewhere if you need to.