Dispute Resolution
Mediation
Going to Court does not have to be the only way to manage a dispute/disagreement. Whether the dispute is in the workplace, with a neighbour, a commercial dispute over a contract or over a boundary mediation or arbitration can be an alternative solution. This is called ADR – Alternative Dispute Resolution. The Courts actively encourage ADR and indeed can order that a case be adjourned so ADR can take place. Court proceedings should only be considered as a last resort.
Mediation and Arbitration are becoming increasingly common ways of resolving disputes as it can be a more amicable process which is far cheaper than going to court and can be far quicker.
ADR, including Mediation and Arbitration, focuses on the parties finding a mutually beneficial solution. For Mediation and Arbitration to work, both parties need to fully engage in the process and any settlements that are reached can be made into legally binding orders giving you both the reassurance that the resolution is final.
Our specialist dispute resolution solicitors can explain what mediation is and how it differs from litigation. We can help you to understand the process and how agreement is reached, the process and the likely costs. Mediation can also be used even if the issue has reached the Court.
Arbitration
Arbitration is particularly used in business/commercial disputes
Arbitration may be the best option when both parties cannot come to an amicable agreement over an issue/dispute. This can happen when negotiations break down or where one, or both parties simply cannot agree a resolution. Arbitration is still a cheaper option to litigation, but it can be more time consuming and subsequently more costly than mediation.
The arbitration process is similar to a Judge in the traditional court process. An arbitrator reviews the facts of the case, considers the issues, hears evidence where appropriate and then makes a decision binding on the parties. All evidence discussed in arbitration is completely confidential, and in most cases, arbitration can work out significantly cheaper than pursuing a matter through the Court and take far less time.
Arbitration can be used to resolve commercial disputes in particular construction industry disputes.
Our experienced dispute resolution solicitors can explain what arbitration is and how it differs from mediation and litigation. We can help you to understand the process and how a dispute is decided, the process and the likely costs.
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