Whether commercial or personal, nobody wants a long-drawn-out legal battle on their hands. Thankfully there are ways to resolve disputes that avoid dragging them through the courts.

There are ways to resolve disputes that avoid dragging them through the courts.

Our Professional Mediators Are Here To Help You

A qualified Mediator can bring your dispute to an end through Alternative Dispute Resolution (ADR), allowing you to reach a settlement that is satisfactory to you, without the hassle of court visits and their attendant costs.

Not only is ADR cheaper than a court case, it also offers a quicker conclusion, ensuring your dispute is not left to drag on with no foreseeable end.

What Is Alternative Dispute Resolution?

Alternative dispute resolution is an umbrella term for the options available in civil and commercial disputes that avoid the need for court. These include mediation, without prejudice meetings and conciliation.

How Does Mediation Work?

In the case of mediation, a professional is engaged to act as an impartial third party, using their expertise to facilitate an agreement between the opposing sides. It is a completely voluntary process and any information revealed during mediation remains strictly confidential. Talks between the Mediator and the parties in dispute can take place separately or together and the aim is to find a solution that is acceptable to all.

The fact that the process is entirely confidential means that mediation is often used in commercial disputes to prevent business sensitive information coming out in court.

Taking cases to trial is very expensive with no guarantee of what the outcome will be. Resolving matters through mediation allows you to negotiate a settlement which is suitable for all involved. Resolving your dispute through mediation will also allow you to save money which you may not recover from the other side.

The court recommends parties to try to resolve their dispute mediation and can penalise a party for not trying to resolve the matter through this route.

Many contracts will have a clause saying that a form of mediation should be used to settle disagreements.

Two key points you should be aware of are:

  • All parties must agree to mediation beforehand
  • The outcome is not legally binding until a mediation agreement has been signed by both parties.

The latter point highlights the fact that this is a mutual process, with the resolution being tailored to best suit all parties within the confines of the relevant laws.

Not Only For Commercial Disputes

Mediation is not just a cost-effective and efficient option for trade disputes; it can be applied to a wide range of disagreements, commercial and private.

These include:

  • Boundary issues
  • Contractual disputes
  • Contested probate
  • Super injunctions
  • Intellectual property
  • Breach of duties
  • Tenancy wrangles
  • Dilapidation issues
  • House repossessions

What Should I Do Next?

If cost, confidentiality or timeframe is an issue, it makes sense to consider alternative dispute resolution. A Mediator will work hard to smooth your journey to an amicable conclusion.

For more on how we can help you, contact our mediation team by completing our no-obligation online enquiry form or you can call us directly on 0808 129 3320.

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