Alternative Dispute Resolution
How can we help?
The different methods available will not suit everyone and there is no one size fits all. The below methods are available although it should be appreciated that they are all voluntary and cannot be pursued unless both parties agree.
Mediation
Mediation is a process whereby the parties appoint an independent and neutral Mediator who assists them in communications in an attempt to allow them to find their own solution. They usually attend a series of meetings over a period of months. We have a base of Mediators who we have grown to know over many years and can make referrals. We would always recommend that a client has legal advice alongside the Mediation process. Indeed, it is possible to have ‘Mediation with lawyers’ sometimes known as hybrid Mediation.
Arbitration
Rather than issuing a court application to obtain a final determination, the parties can agree to go to Arbitration. This a process whereby they agree and appoint an Arbitrator who acts as a private ‘Judge’. The Arbitrator is usually a senior barrister or indeed a retired judge. An Arbitrated outcome is then drawn up into a court order. The Arbitrator’s decision is final. Whilst this involves paying the expense of the Arbitrator, it is usually a far quicker and more streamlined process which can ultimately save on legal fees.
Collaborative Law
This is a form of Mediation with lawyers but with no neutral Mediator. There is a series of 4-way round table meetings where clients are supported by their individual lawyer and helped to reach an agreement. There is a focus on working together to reach an agreement and avoiding solicitor correspondence and adversarial communications.
