LETTER BEFORE ACTION - mentioning ADR necessary??????

[submon]

I am in the process of sending a Letter Before Action. In the letter, is it necessary to write - 'To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem'. Also, if the defendant responds and says that he is willing to go through ADR, how exactly do I go on about it, please? HELP PLEASE!

[Pezza54]

Yes the court is keen to see that both parties have tried to negotiate a settlement before court action is commenced.
There are adjudicators and mediators that specialise in particular subject fields but they will cost money. If the mediation is over the phone and documents sent via the internet, the mediator doesn't have to live locally.
There is a free mediation service on the small claims track (claims under £10k) but that takes place after the claim has started

FIDIC, ICE, CIArb are just a few of the organisations that publish lists of arbitrators etc

[submon]

Yes the court is keen to see that both parties have tried to negotiate a settlement before court action is commenced.
There are adjudicators and mediators that specialise in particular subject fields but they will cost money. If the mediation is over the phone and documents sent via the internet, the mediator doesn't have to live locally.
There is a free mediation service on the small claims track (claims under £10k) but that takes place after the claim has started

FIDIC, ICE, CIArb are just a few of the organisations that publish lists of arbitrators etc

Thank you very much for your reply. It is really helpful!