A large proportion of our work is resolving disputes which arise out of contracts.
Our highly trained and experienced specialist solicitors achieve high success in enforcing a cost effective solution through court processes or mediation, this firm's primary aim being to resolve disputes without the need for litigation. We are able to advise on all aspects of contractual and commercial matters whether written or oral, construction disputes, boundary and neighbour disputes together with disputes arising from rights pertaining to ownership of land.
We also offer expertise in relation to professional negligence cases involving accountants, independent financial advisers, surveyors, developers, engineers, architects and solicitors.
Dispute Resolution
Mediation and alternative dispute resolution "ADR" has become an integral and essential element of litigation as the court expects the parties to actively indicate their willingness to mediate before considering court proceedings.
There are many types of ADR the most popular being mediation. In simple terms the "mediator" meets the parties (and usually their lawyers) together under one roof listening to both sides in an effort to get them to come to a compromise. Although he has no power to impose a settlement he works by helping each party to understand the other's viewpoint.
What are the advantages
It is recognised that many disputes end up being compromised anyway and mediation tries to bring the parties to that point at an early stage of the claim. This can avoid the escalation of legal costs (thus raising the stakes) and the delays that conventional litigation involves.
It brings about a settlement in about 80% of cases.
It is a good rule if the parties want to preserve a trading relationship. It can have outcomes other than the straightforward payment of money.
Because settlement generally comes about early on it cuts down on management time involved in making claims.
What are the disadvantages
The parties have to pay the mediator so it not generally suitable for small value suits although some courts now offer mediation at a lower fee.
Often neither party feels entirely satisfied with the outcome. This is because compromise is the name of the game.
It is not suitable where you have a particularly strong case or perhaps where you are likely to get the court to give you a summary judgment.
Our specialist solicitor has a large experience of representing both claimant and defendant at mediation, arbitration and other forms of dispute resolution again with the aim of cutting down costs and achieving satisfactory results for the client.
For information on what we can offer you, please visit the services section
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