These are the three most common alternative dispute resolution services we have to offer – although there are others:

 

Mediation

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Mediation involves a mediator encouraging and inviting settlement between parties to a dispute. A mediator does not hand out a judgement like a judge in court would. Instead, the mediator seeks to assist both you and the other side to come to an agreement. The process is highly flexible and can end in a result that is more commercially suitable than a court order.

 

Arbitration

 

Arbitration is a more formal alternative dispute resolution service. An arbitrator can be appointed either by you and the other side or by a professional body that both sides have agreed on. You and the other side will provide evidence, and the arbitrator will make a legally-binding decision. It is usually used for larger commercial disputes.

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Negotiation

 

While Arbitration and Mediation are more formal processes, parties to a dispute, at any time, can agree to negotiate an agreement to settle. This will be done by your solicitor, perhaps by letter or telephone call. Alternatively, a round-table meeting between lawyers and parties can take place, where positions are discussed and settlement agreed upon.

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Out of court settlement

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When dealing with a case, it is our job to conduct a cost/benefit/risk and legal merits analysis. We can then tell you how we think the dispute can be resolved. 

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Without prejudice negotiations

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Off the record discussions are conducted without prejudice. Off the record means that the discussions are private and not admissible in court.  They are used to explore pressure points and the appetite for settlement.  Settlement is possible at any time and can take place once a court hearing has commenced. The key to successful out of court negotiation is timing and a realistic assessment of the strengths and weaknesses of your case and commercial reality.