Dispute Resolution is the area of law concerned with resolving disputes or disagreements between two parties, be they individuals or organisations. There are two forms of Dispute Resolution – Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome; and Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement. We believe that civil litigation should be a last resort. We understand that disputes can be frustrating, time consuming and upsetting; but they can also become nasty and expensive if not handled in the correct way. Our starting point in such cases, therefore, is to explore and consider the most appropriate way of resolving your dispute before it goes to court.
Mediation is when an acceptable third party, e.g. a Solicitor, intervenes in a negotiation or conflict in order to assist those in dispute to voluntarily reach a mutually acceptable settlement of the issues. The third party has limited or no authoritative decision-making power, and does not act in any judicial capacity, but is there to facilitate what is in effect a formal negotiation between parties with the aim of reaching a settlement upon terms that all can accept. There are many advantages to mediation, including the opportunity for both parties to have their say and remain in control; potential early settlement; a ‘without prejudice’ process; and cost-effectiveness.
If, for whatever reason, mediation or a similar consensual process cannot be used to settle your dispute then we provide litigation services. Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. Litigation is typically settled by agreement between the parties, but may also be heard and decided by a jury or judge in court. We are highly experienced in this very difficult area of law, and deal with disputes that may include:
- Inheritance claims
- Landlord & tenant
- Debt recovery
- Professional negligence
- Property (including boundaries)
Debt Recovery up to the value of £100,000 (for small businesses where the debt is between £10,001 up to and including £100,000)
- We charge £640 plus VAT on average for this work IF it remains uncontested.
- We charge an average of £3,000 – £5,000 if the matter is contested.
The above are average prices. The actual cost to you will depend on a number of factors which we will discuss with you if you decide to instruct us.
Our charges are based on our average hourly charging rate of £160 per hour.
There will be other costs (called disbursements) which we will need to pay on your behalf, such as Court fees, Barrister’s fees and Enforcement Process fees. These are likely to be in the region of £2,500 in total plus VAT where relevant.
In normal cases, the expectation will be that the Debtor will pay the majority of these costs. However, this may not be possible and if not, you will remain liable for our costs and charges.
We understand the commercial imperative involved in dealing with unpaid debts. The work we will carry out will involve:
- ascertaining the position re the debt (normally 2 – 3 days)
- liaising with your Debtor and others in an effort to resolve matters (approximately 15 working days)
- filing documentation at Court (approximately 15 working days thereafter)
- arranging for representation at any hearing
- consequent attendance to ensure the debt is duly paid.
Our fees do not include any external costs and charges that may be incurred as part of the process e.g. damages, fines, penalties or other liabilities. You will also be responsible for these items.
We also undertake debt recovery on behalf of individuals and the average costs will be similar to those set out above.
For fixed fee, small claims advice (claims up to £10,000) please click here
Contact a member of our Dispute Resolution team to find out how we can help.