Alternative Dispute Resolution
Strategic resolution when rescue, recovery or continuity matter more than a court fight
Not every high-pressure business dispute should default to court. In rescue, restructuring and insolvency settings, mediation, arbitration or a structured negotiated process can protect value, preserve confidentiality and support continuity where litigation may deepen the strain. Barnard helps businesses choose the right route and use ADR strategically when the wider commercial outcome matters.
What we help you do
Mediation and negotiated resolution
- Mediation strategy and preparation
- Without prejudice engagement
- Structured settlement discussions
- Commercial solutions where continuity still matters
Arbitration and clause-driven processes
- Arbitration clause analysis
- Forum, rules and process strategy
- Rights protection during arbitration
- Enforcement and challenge strategy where needed
Practical dispute design under pressure
- Choosing the right forum for the dispute
- Preserving confidentiality and leverage
- Reducing cost and time where possible
- Aligning the legal route to the rescue, recovery or business objective
What to do first (before the process locks you into the wrong route)
- Secure the contract, dispute notices, correspondence and any dispute-resolution clause.
- Avoid taking procedural steps that accidentally waive rights or narrow your options.
- Identify what matters most - speed, confidentiality, continuity, stakeholder management, cost control or a binding outcome.
- Get a clear view of whether ADR is genuinely the right route and how to use it strategically.
How we work (so you know what happens next)
- Understand the dispute, the commercial pressure and whether ADR is the right fit.
- Review the contract terms, process requirements and practical leverage points.
- Map the route forward - mediation, arbitration, structured negotiation or a staged escalation plan.
- Execute a practical strategy that protects rights while keeping the resolution path commercially workable.
Related services
This often connects with...
Alternative Dispute Resolution
Mediation, arbitration and structured commercial resolution
Business Rescue, Restructuring & Insolvency Disputes
Rescue disputes, creditor conflict, restructuring pressure and insolvency-linked litigation
Contract & Transaction Disputes
Breach, failed transactions, commercial continuity and recovery risk
Director & Shareholder Disputes
Deadlock, governance conflict, director conduct and shareholder pressure
Fraud, Misrepresentation & Asset Recovery
Dishonesty-driven disputes, recovery strategy and protection of value
Urgent Relief & Business Protection
Immediate intervention where delay will deepen the commercial harm
Alternative dispute resolution resources
When court is not the best first move, the strategy still matters
Confidential. No obligation. Clear next steps.
