Dispute resolution refers to the process of resolving disputes between parties without involving court proceedings. A negotiated settlement is reached by a third party such as an adjudicator, arbitrator or mediator. Dispute resolution that is used across both commercial and private law.
In England and Wales, dispute resolution can broadly be categorised into two types:
Arbitration
Arbitration is a determinative form of dispute resolution meaning that the parties are bound by the decision of the arbitrator(s) and that decision can be enforced without commencing court proceedings
Meditation
Mediation is a form of non-determinative ADR meaning that no enforceable judgment is given at the conclusion of the mediation. The parties are therefore obliged; if they wish the mediation to succeed, to reach a consensual agreement usually in writing in order to resolve their dispute. Once an agreement between the parties is reached in writing this agreement can then be enforced through the courts if necessary.
Advantages of Dispute Resolution.
The courts in England and Wales strongly encourage disputing parties to opt for dispute resolution. This approach is well justified for the following reasons:
Our Dispute Resolution team has particular expertise in the following areas:
We value your time. After the consultation, we will let you know what the next steps are. We will request the documents we need, and only call you when necessary. We are proactive, will update you on your case as soon as we have any news so that you don’t need to call, meaning you can rest assured that no actions are needed from your side.
We haven’t forgotten about you, but we believe you’d rather spend time doing something that really matters than on the phone with a lawyer.