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Dispute Resolution
Alternative Dispute Resolution
The Courts have made it clear to the legal profession that they expect parties to litigation to act reasonably and to co-operate to try and resolve their differences.
The Law Society expects solicitors dealing with litigation now to be able to demonstrate
that they have given some consideration on each matter they deal with to whether
some form of alternative dispute resolution is appropriate and the Civil Procedure
Rules, which govern the manner in which cases are dealt with at Court, contain guidance
on alternative dispute resolution and the sanctions that parties might face if they
unreasonably refuse to enter into some form of ADR.
So what is ADR? It usually means mediation, which in itself can come in different
shapes and sizes. Generally speaking, however, mediation involves a third party
being appointed as mediator (there are lots of trained mediators available) with
both parties preparing position statements prior to mediation and both sides attending
on pre-arranged day to try and resolve their differences. Usually after an opening
meeting, each side will go into a separate room and the mediator will move between
the two parties trying to narrow the differences. Mediation is remarkably successful.
We have a wealth of experience in dealing with cases on this basis. We know when
to recommend mediation, how to side-step mediation when necessary, how best to prepare
and achieve a winning result at mediation.
Some of the cases which we have taken to mediation include the
following:-
- A complex contract dispute between a UK company and an Italian manufacturer
where there
were issues over whether the claim could be brought in England or needed
to be issued in Italy. The manufacturer was persuaded to attend mediation in London,
which successfully concluded the claim.
- A complicated 3 party negligence claim which involved complex
issues relating to loss was successfully concluded at mediation.
- A long running boundary dispute involving 3 parties, issues of adverse
possession, trespass and interpretation of conveyancing documentation was resolved
on site by a mediator with a binding agreement being drawn up on the day.
Dispute Resolution - contact us now to discuss your requirements. Ashton Graham personal solicitors can assist in the following areas:
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Ashton Graham have offices in Ipswich, Felixstowe and Bury St Edmunds.
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