DISPUTE RESOLUTION

What can we do for you?

Arbitration – A platform where disputes can be settled without going to Court

When would you need or use Arbitration?

• A consumer issue difference
• A professional negligence matter
• Non performance of whole or part of a contract
• Non payment of a bill
• Rectification, setting aside or cancellation of a deed

A third party neutral is appointed (agreement or otherwise) that does not take sides and makes an award based on the facts and the Law. That third party will

• Adopt a procedure which is quicker and cheaper than the Courts
• Tailor the procedure to the specifics of the dispute
• Conduct it under rules agreed by the parties
• Permit both parties to present their case in writing or if appropriate at an oral hearing
• Allow representation
• Listen to all the arguments
• Make sure the playing fields are even
• Will ensure that each party gets an equal and fair opportunity to present their case
• Make a decision which is final and binding
• Determine costs

That third party is an Arbitrator

Independent Expert – A person who is a specialist in their field and able to give an Expert opinion

When would you use them?

• Where wrong advice is given
• When there is negligence
• When you suffer a loss due to an action or lack of action

An individual is appointed privately or by the Courts, who will

• Use their knowledge and experience
• Undertakes a forensic examination of the facts
• Asks the questions:
  What was meant to happen
  What did happen
  Why
  What were the consequences
• Follows the factual trail and gives reasons for their opinion
• Give advice on damages
• Act in accordance with Part 35 CPR
• Appear in Court as an Expert

Mediation – A process where parties to a dispute or difference meet with an individual, talk and attempt to resolve their differences

When would you need/use mediation?

• You want to continue with the business relationship
• Common sense tells you to talk. Dialogue has dried up
• There is concern about trade secrets
• No one is talking except the solicitors
• You need total confidentiality

An individual is appointed who will:

• Listen to both sides
• Explore areas where agreement can be reached
• Search for common ground
• Does not apportion blame
• Search for a consensual agreement