Dispute Resolution; Avoiding Court

Mediation does have its advantages over litigation; it is quick, cost effective and can maintain business relationships which may be destroyed through the litigation process. The Courts are increasingly keen to see that parties have attempted to resolve a dispute before reaching a fully blown court trial and very often if a dispute comes before a court the Judge will ask what attempts have been made to ‘mediate’ the matter.

Mediation is a flexible process where a neutral party actively assist the parties in working towards the terms of settlement and resolution. Mediation is conducted confidentially and ‘without prejudice’ at any stage before or during proceedings and provides the parties complete control over the decision to resolve the matter.

Mediation can run alongside the court process which can be put ‘on’ hold’ while mediation occurs. A wide variety of settlement options can be achieved over and above any financial settlement and importantly any settlement reached is legally binding once it has been put into writing and signed by the parties.

Essentially, both parties are able to decide the outcome of your dispute usually at minimal costs compared to the costs in taking a matter to court.

Negotiations can begin before a court claim has started or even after, but they must occur before the court makes a decision on the case. If negotiations have reached a deadlock, the parties mat turn to Mediation to attempt to resolve the issue before or during any court proceedings.

Negotiations however are not suitable in every dispute. If the time limit for making a claim is very close or if a dispute hinges on a point of law, negotiations may be fruitless. Even so, there would be opportunities to negotiate up to the time the court makes its decision.

Although it is not essential to use a solicitor for negotiation, it is common. Many people prefer to use a solicitor to negotiate on their behalf because they are familiar with the technique and have legal training. Even if you choose to carry out negotiations yourself, you should seek professional legal advice so that you understand your legal position as the other party may be using a solicitor.

Our Solicitors will negotiate on a ‘without prejudice’ basis, which generally means that anything discussed in the negotiation cannot be referred to in court. We will act in your best interest towards brokering the best solution for you.

It is a formal process where an impartial third party with a specialist knowledge and background on the nature of the dispute hears all parties’ arguments and then makes a binding decision to resolve it. The decision is legally binding and there are very few grounds available for challenging it.

Our solicitors can advise and act for you during the formal arbitration process or if you are not happy with a decision made by an arbitrator we will provide you with honest advice on your chances of a successful appeal.

Our team will ensure that your case is presented to the arbitrator to the best possible advantage.