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)
Contact a member of our Dispute Resolution team to find out how we can help.