In an attempt to avoid costly and stressful litigation proceedings, many seek to resolve their disputes via Alternative Dispute Resolution processes mainly on the basis of its cost effectiveness. If you require advice, assistance or representation regarding an Alternative Dispute Resolution process, then our individuals in our Dispute Resolution team can provide expert legal advice and assist with the following:
Negotiation
We are able to negotiate on your behalf in order to reach an understanding, resolve points of difference, or produce an agreement upon a course of action. The aim of negotiation is to find a compromise between the parties.
Mediation
Mediation typically involves a neutral third party, ‘the mediator’, who seeks to assist the parties in negotiating a settlement in a variety of matters. Mediation is structured, although either party can withdraw from the proceedings at any stage. The process is confidential and discussions which take place during the same are not later disclosed to the Court, should the matter progress to that stage.
Arbitration
Arbitration involves a neutral and impartial party, ‘the arbitrator(s)’,being asked to make a decision on a particular dispute. The arbitrator makes a decision based on the evidence presented by the parties. Arbitration is voluntary and each party agrees in advance that they will abide by the decision. The process (although binding upon the parties like a Court Order) is much less formal than actual Court proceedings and is also less costly.
Conciliation
This process involves ‘the conciliator’ meeting with each of the parties to a dispute separately and attempting to resolve their differences by exploring potential solutions to negotiate a settlement. The process does however differ from arbitration in that any agreement for settlement is not legally enforceable.
