Alternative Dispute Resolution: Resolving Cost Disputes Without Litigation
Cost disputes can arise either between parties of a substantive litigious dispute or between a solicitor and their client over the cost of legal work, litigious or non-litigious. A substantive litigious dispute centres around the proceedings as a whole and does not necessarily include a dispute about the cost of the proceedings.
Whilst litigation in the courts continues to be relevant, there has been an accelerating expansion in the use of ADR since the year 2000. The two most common forms of ADR are arbitration and mediation, which the authors explore further in relation to cost disputes.