Ben Lewy ADR

Designing and running bespoke ADR processes for commercial disputes

About me

I am a commercial barrister at One Essex Court. My practice covers complex, high‑value commercial, competition and public law litigation in the High Court and the Competition Appeal Tribunal, both as sole counsel and as part of larger teams.I am ranked in Chambers UK and recommended by The Legal 500 across my core areas of commercial litigation, competition and civil fraud.Alongside that work, I have a particular interest in designing and running bespoke forms of alternative dispute resolution – especially in cases where the right structure can unlock a settlement that ordinary negotiations cannot.I work with parties and their advisers to create ADR processes that resolve disputes quickly, privately and cost‑effectively, without the delay and procedural complexity that can come with full‑scale litigation or traditional arbitration.

How I can help

I offer a set of flexible processes which can be adapted to the needs of a particular dispute, or combined into a bespoke structure.

Blind bidding

I act as an independent facilitator of blind bidding processes in which each party submits confidential settlement figures to me.

  • Parties can test realistic settlement ranges without “loss of face”.

  • There is no need to signal weakness or make public concessions.

  • If the figures fall within a pre‑agreed range or overlap in a particular way, settlement is automatically achieved.

Blind bidding can be a simple and efficient way to break deadlock where negotiations have stalled but there is still a realistic zone of possible agreement.

Final offer (baseball) arbitration

In final‑offer arbitration, each party makes a final, confidential offer. My role is to choose one of them in its entirety.

  • The decision is binding (if the parties agree that it will be).

  • Because I must choose one offer rather than splitting the difference, both sides are incentivised to put forward a reasonable and realistic figure.

  • The process is tightly structured and can usually be completed quickly, often on the basis of short written submissions.

This can be particularly useful where the parties agree that the dispute should end now, but remain far apart on quantum or a small number of specific issues.

Calibrated early neutral evaluation

I review concise written submissions and key documents, and provide an independent evaluation of the likely outcome of the dispute (or of a particular issue).The parties can agree in advance that:

  • If my evaluation falls within a pre‑defined range, it becomes binding; and

  • Otherwise it is non‑binding and can be used as a confidential basis for settlement discussions.

This gives parties an informed view of risk while preserving control over whether and when the evaluation should determine all or part of the dispute.

Commercial post‑nups

Sometimes parties agree that they need a governing agreement – for example, a shareholders’ agreement or other long‑term contract – but cannot agree every term.In those cases, I can work with the parties to design and run a mechanism for:

  • Identifying the key points of disagreement; and

  • imposing a fair set of terms using a pre‑agreed decision‑making process (which might, for example, draw on elements of expert determination or final‑offer procedures).

The aim is to give the parties a complete, workable contract without months of further redrafting and renegotiation.

Auctions and competitive bidding

Where the core question is “who should own what, and at what price?”, I can design and run structured bidding processes, including auctions and Texas shoot‑outs.Drawing on insights from economics and auction theory, I work with the parties to:

  • choose and structure the process (for example, sealed‑bid, second-price, ascending or descending auctions);

  • minimise strategic behaviour that undermines value; and

  • reach a clear, final allocation of assets or rights on terms that both sides have had a fair opportunity to influence.

These processes can be especially effective where joint ventures are unwinding, co‑owned assets need to be separated, or one party needs a clean exit.

Next steps

If you think a tailored ADR process might help resolve a dispute you are involved in, please contact me or my clerks at One Essex Court to discuss options.I am happy to speak informally, without commitment, about whether one of these processes – or a bespoke variant – might be appropriate.Ben

One Essex CourtTemple, London EC4Y 9AR020 7583 2000