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Alternative Dispute Resolution

Alternative Dispute Resolution (“ADR”) will be is offered by HS2 Ltd when it is recognised that external support is needed to resolve a case. If, after a period of meaningful negotiations between the parties’ respective agents in which they have exchanged sufficient information to understand each other’s positions, there is still a disagreement on the claim or elements of it, we will usually request that an Agents & Principals meeting takes place. The aim of the Agents & Principals meeting is to try to resolve the points that are in dispute and to enable both parties to fully understand each other’s respective positions. If this fails to facilitate an agreement, HS2 Ltd will offer ADR in appropriate cases as a quicker and cheaper way to reach a resolution, rather than referring the case to the Upper Tribunal (Lands Chamber).

HS2 Ltd will propose the form of ADR that would be appropriate, based on the criteria set out in the HS2 Ltd ADR Guidance and its preference as to the extent of the ADR instruction.

For the avoidance of doubt, both parties can suggest ADR as a method of resolving potential disputes, and HS2 Ltd will consider each request for ADR on the merits of each case, though we expect the above stages to be satisfied before any request is made. If a request for ADR is made and HS2 Ltd considers that it is not appropriate, the reasons for refusal will be communicated.

The respective guidance asks that all formal requests for ADR are issued to [email protected], and we ask that all requests are made via this form.