ADR options | UK Insurance Wiki

Category: Claims handling · Reviewed by Tim Roche, Director · PI & Commercial · Last reviewed 2026-06-11

Alternative dispute resolution (ADR) options are the structured non-court methods of resolving insurance disputes — mediation, arbitration, expert determination, adjudication, FOS and ombudsman schemes — each with distinct procedures, costs and outcomes.

Definition

The English civil dispute landscape has substantial ADR infrastructure. Insurers and policyholders have a wide range of ADR options available, each suited to particular disputes. The court system actively encourages ADR through the CPR, the overriding objective and the costs sanctions for unreasonable refusal of ADR (Halsey, PGF II, Churchill v Merthyr Tydfil).

For insurance specifically, ADR options include the FOS for consumer and small-business complaints, ARIAS arbitration for commercial and reinsurance disputes, mediation for most commercial claims, expert determination for technical disputes, and adjudication for construction-related claims.

Legal / Regulatory basis

The framework is layered:

Case law:

How it works in practice

The choice of ADR depends on the dispute:

Each option has trade-offs:

For insurance specifically, the FOS is the dominant consumer ADR; mediation is the dominant commercial ADR; ARIAS arbitration dominates reinsurance.

The cost of refusing ADR can be substantial. Halsey and successor cases allow the court to make adverse costs orders where a party has unreasonably refused ADR. Churchill extended this to compelled ADR in some circumstances.

Common variations

“Tiered” dispute resolution clauses — typically requiring negotiation, then mediation, then arbitration or litigation.

“Med-arb” — combining mediation and arbitration in sequence.

“Early neutral evaluation” — a non-binding evaluation by a neutral, often used to provide a reality check.

“Ombudsman schemes” — including FOS for financial services and other industry-specific schemes.

“Expert determination” — submission of a technical question to an agreed expert whose decision is binding.

Example

A commercial insurance coverage dispute over a £4m PI claim. The policyholder is dissatisfied with the insurer’s coverage decision (reservation of rights). The options:

The parties select mediation first. The mediation succeeds at the second day, with settlement at £2.4m and a Tomlin order. Costs each side bear their own. The mediation cost was £40,000 against an avoided arbitration cost of £200,000 and an avoided litigation cost of £300,000.

See also

References

  1. Civil Procedure Rules, Part 1 (overriding objective).
  2. Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576.
  3. PGF II SA v OMFS Co [2013] EWCA Civ 1288.
  4. Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416.
  5. Arbitration Act 1996.
  6. ARIAS UK Arbitration Rules.
  7. CEDR Model Mediation Procedure.

Last reviewed

By Matt Bartlett, Director, on 2026-06-11. Next review: 2026-12-11.


This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Apex Insurance Brokers Limited, FCA FRN 724952, Companies House 07014570. Not regulated advice — consult your broker on your specific position.

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