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 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
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.
If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.
From 1 January 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
Two successful applications for leave to remain under the parental route. Our clients both parents of children in the UK had no status in the UK when they approached Sterling Law.