Our philosophy in any dispute is to:-
Gather as much information as possible at the outset and analyse the evidence
Concentrate on your strongest arguments to put you in the best position in negotiations
Work towards resolution as quickly and cost effectively as possible.
Dispute resolution can be as informal as without prejudice discussions, correspondence or meetings. However, if that does not achieve a satisfactory outcome, the three most common options are as follows:-
The parties attend a meeting where the mediator helps each side to clarify and understand the issues on both sides and tries to broker a mutually satisfactory solution. The mediator does not judge or arbitrate on the issues but will try to guide the parties to avoid unreasonable viewpoints or objections. The Courts now expect all parties to seriously consider mediation before and during Court proceedings.
Sometimes a contract can impose a duty on the parties to resolve any dispute by way of arbitration. Otherwise, the parties can agree voluntarily to arbitrate. This may be quicker and cheaper than Court proceedings but the main advantage is usually that the arbitrator has direct and extensive experience and knowledge of the area of business from which the dispute arises.
Court proceedings should in most cases be a last resort as they can be extremely costly both in terms of time and money and carry a risk of having to pay the costs of the winning party. However, if it is necessary to take a matter to Court we are always conscious of the need to employ every possible procedure to achieve as rapid and cost effective solution as possible.
We have many years of experience in dealing with civil and commercial litigation at all levels.