Being in a dispute with another party is not necessarily all about engaging the formal court process. The courts often encourage parties to consider alternative methods of dispute resolution (or ADR) rather than issuing court proceedings as a way of resolving disputes without the need for the courts to be involved. Our dispute resolution solicitors can help.
Parties are also encouraged to consider methods of settling disputes during court proceedings so mediation, round table meetings and other methods of resolution are not limited to the time before the involvement of the court. An advantage of considering ADR is that if successful, it will undoubtedly save both time and expense.
ADR generally includes consideration of the following:
Round table discussions
The parties, either with or without solicitor support, meet to discuss the issues. The discussions are without prejudice which means that anything said cannot be used in any current or subsequent court case so concessions may be made to try to resolve any dispute. Proceedings are often very informal and often occur before any formal litigation proceedings have been commenced.
Mediation
This is a more formal process where an independent, impartial third party (mediator) is appointed to assist the parties to try to reach their own settlement. Unlike a judge, a mediator cannot impose any decision upon the parties but tries to encourage the parties to discuss the issues, negotiate and try to reach a mutually agreeable resolution. Mediation often occurs once litigation has started to try to curb the costs, time and stress, but can occur without any litigation having been commenced. Mediation is often very successful in resolving a dispute, if not on the day, then within the following days and weeks.
Adjudication
This is a method of resolving construction industry disputes quickly. The whole process lasts just 28 days and is there to help the cash flow during a construction project.
Arbitration
This is based on an agreement by the parties to have a dispute settled in this way.. An independent arbitrator, or panel of arbitrators, is appointed to hear both sides of a dispute before reaching a formal and binding decision. There is no right to revert to the court if you are unhappy with the outcome. A party can ask the court to enforce the arbitration award if the other party ignores it. .
Expert determination
Similar to arbitration, this also results in a binding decision and where the dispute centres on a more technical point, expert determination of the dispute is often a useful tool to bring a swift resolution. The expert is appointed, generally by agreement between the parties, and reviews the information and gives their finding which the parties agree will be binding. The costs are usually a lot less than litigation.
We have dispute resolution solicitors at all levels with experience and expertise in ADR who can guide you through the processes which are often a cheaper and quicker option than court proceedings.
Our experts will look at your case and decide whether any method of ADR is appropriate for the circumstances of your dispute.
Being in a dispute with another party is not necessarily all about engaging the formal court process. The courts often encourage parties to consider alternative methods of dispute resolution (or ADR) rather than issuing court proceedings as a way of resolving disputes without the need for the courts to be involved. Our dispute resolution solicitors can help.
Parties are also encouraged to consider methods of settling disputes during court proceedings so mediation, round table meetings and other methods of resolution are not limited to the time before the involvement of the court. An advantage of considering ADR is that if successful, it will undoubtedly save both time and expense.
ADR generally includes consideration of the following:
Round table discussions
The parties, either with or without solicitor support, meet to discuss the issues. The discussions are without prejudice which means that anything said cannot be used in any current or subsequent court case so concessions may be made to try to resolve any dispute. Proceedings are often very informal and often occur before any formal litigation proceedings have been commenced.
Mediation
This is a more formal process where an independent, impartial third party (mediator) is appointed to assist the parties to try to reach their own settlement. Unlike a judge, a mediator cannot impose any decision upon the parties but tries to encourage the parties to discuss the issues, negotiate and try to reach a mutually agreeable resolution. Mediation often occurs once litigation has started to try to curb the costs, time and stress, but can occur without any litigation having been commenced. Mediation is often very successful in resolving a dispute, if not on the day, then within the following days and weeks.
Adjudication
This is a method of resolving construction industry disputes quickly. The whole process lasts just 28 days and is there to help the cash flow during a construction project.
Arbitration
This is based on an agreement by the parties to have a dispute settled in this way.. An independent arbitrator, or panel of arbitrators, is appointed to hear both sides of a dispute before reaching a formal and binding decision. There is no right to revert to the court if you are unhappy with the outcome. A party can ask the court to enforce the arbitration award if the other party ignores it. .
Expert determination
Similar to arbitration, this also results in a binding decision and where the dispute centres on a more technical point, expert determination of the dispute is often a useful tool to bring a swift resolution. The expert is appointed, generally by agreement between the parties, and reviews the information and gives their finding which the parties agree will be binding. The costs are usually a lot less than litigation.
We have dispute resolution solicitors at all levels with experience and expertise in ADR who can guide you through the processes which are often a cheaper and quicker option than court proceedings.
Our experts will look at your case and decide whether any method of ADR is appropriate for the circumstances of your dispute.
