Dispute resolution

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:

• It is significantly faster and less expensive compared to court proceedings.
• It is more informal
• The nature of dispute resolution is confidential
• The parties can often select the arbitrator or mediator that will hear their case. This makes the process more flexible.

Our Dispute Resolution team has particular expertise in the following areas:

• Commercial and Contract Disputes
• Shareholder and Boardroom Disputes
• Professional Negligence
• Civil Fraud and Investigations
• Financial Services Disputes
• Wills, Trusts and Inheritance Disputes
• Insolvency Litigation
• International and Cross-Border Disputes
• Reputation and Media