Alternative Dispute Resolution
Court may not always be the best solution to resolve your dispute.
Dispute resolution can enable you to come to a solution outside of litigation.
There are four main options:
Both parties participate voluntarily to talk to each other to try to reach acceptable solutions. We can offer an environment for those confidential talks during which both parties can talk freely and of course we can also negotiate on behalf of a party.
An impartial mediator meets both sides and aims to help both sides to come to their own agreement. The process is confidential and the parties are not forced to reach agreement. It is a voluntary process.
Each party has a collaboratively trained lawyer who facilitates the resolution process. The parties and the lawyers have meetings with a view to working things out face to face. An agreement is signed where the parties and the lawyers commit to trying to resolve the issue without going to court. If the process then breaks down, the lawyers involved are prevented from representing the parties in court and the parties would need to instruct new lawyers. This possibility encourages all to remain absolutely committed to finding the best amicable solution without contested court proceedings.
Advocate Rebecca Wherlock, our managing partner and a specialist in family finance on separation, is a trained collaborative lawyer.
Arbitration can be described as a private determination of a dispute by an independent third party. The arbitrator to be appointed is agreed and the parties agree in advance to comply with the arbitrator’s award. Both sides have the opportunity to be heard by the arbitrator. The decision of an arbitrator is final and binding. The process is less formal than the court.
ADR has several advantages. It is suitable for multi-party disputes, is flexible, less complex and can be less costly. The solutions can be tailored to meet individual needs, offer practical solutions, are confidential and can assist in preserving relationships and reputations.
One major advantage is that the parties have control over the selection of individuals who will assist in trying to resolve the dispute.
We can arrange all four methods of ADR
Telephone: 01481 721 316
Email: [email protected]