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
How does it work?
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
How does it work?
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
That person is an Independent 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
How does it work?
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
That individual is a Mediator
That is what we do