Going to court is inherently stressful. The litigation process can be long, expensive and lead to uncertain outcomes.
While many people think of ‘their day in court’ as an opportunity to secure justice, the reality is that usually there are no winners.
The good news is that you often don’t need to go to court to resolve a dispute. Alternative dispute resolution (ADR) methods (also known as non-court dispute resolution) can offer various advantages over litigation and can be used in a variety of different situations.
In this blog, our experienced Litigation and Dispute Resolution Solicitors look at some of the most popular forms of ADR and consider when they might be appropriate.
Mediation
What is mediation?
Mediation is a process which involves the parties who are in dispute meeting with an independent, neutral third party (the mediator) to discuss their issues and reach a mutually acceptable agreement.
What are the advantages of mediation?
Mediation has various advantages over litigation, including:
- It is cheaper. Mediation involves lower legal fees and fewer administrative costs, making it one of the most cost-effective ways to resolve a dispute.
- It is quicker. Court cases may need numerous hearings and disputes can take years to resolve, unlike mediation where the process is much quicker.
- It results in better outcomes. The parties are encouraged to come up with an agreement they are both happy with during mediation, rather than having a decision imposed on them, increasing the chances of the agreement being honoured.
- Parties retain control. Mediation allows parties to negotiate their own settlement, giving them control of the entire process.
- It is confidential. Discussions and outcomes are private, unlike most court cases which are in the public domain.
- It is less stressful. Parties are not required to attend court hearings or be cross-examined.
When would you use mediation?
Mediation is widely used in civil disputes, and is frequently used to resolve:
- Family disputes.
- Personal injury disputes.
- Professional negligence.
- Neighbour disputes.
- Landlord and tenant disputes.
- Trust disputes.
- Wills and probate issues.
- Contract disputes.
Read more about using mediation in family disputes in our previous blog by clicking here.
Negotiation
What is negotiation?
Negotiation involves the parties engaged in a dispute coming together to discuss the issues in contention and reach an agreement about their resolution.
It is typically an informal process, with talks often just happening between the disputing parties without the involvement of a third party, although some people choose to involve a solicitor to help negotiate or to negotiate on their behalf.
What are the advantages of negotiation?
- It is quick. Negotiation is one of the most informal, straightforward and fast ways of resolving a dispute.
- It is cheap. There are often no legal or administrative costs.
- It is flexible. Parties can tailor the process and the outcome to their own needs.
- Parties have control. Resolving a dispute themselves means that the parties have complete control over the outcome.
- It is confidential. Negotiation is private which preserves the disputing parties’ reputations and relationships.
- It is ‘without prejudice’. Negotiations are voluntary and non-binding.
When would you use negotiation?
Negotiation is a good option for many civil disputes, for example:
- Family disputes.
- Personal injury disputes.
- Professional negligence.
- Neighbour disputes.
- Landlord and tenant disputes.
- Trust disputes.
- Wills and probate issues.
- Contract disputes.
- Consumer disputes.
Arbitration
What is arbitration?
Arbitration is a more formal method of ADR whereby a neutral person (or panel of people) listens to both sides of an argument before making a binding decision about its resolution.
Arbitrators are often experts in their field.
What are the advantages of arbitration?
Arbitration has many similarities to court proceedings, for example, witnesses will usually be questioned, and documents may need to be disclosed.
However, it does offer various benefits over litigation, such as:
- It is private. Information, evidence and decisions can be kept confidential.
- It is quicker. The arbitration process is quicker than pursuing a case through the courts.
- It is cheaper. Arbitration is usually less expensive than litigation.
- It is more flexible. Parties to arbitration can decide on certain rules, including the choice of arbitrator and where their case will be heard.
- It is final. Decisions made through arbitration are binding and enforceable with limited grounds for appeal.
When would you use arbitration?
Arbitration is most used in commercial disputes, including:
- Contract disputes.
- Construction disputes.
- International business disputes.
- Consumer agreement disputes.
Dispute Resolution Solicitors Blackheath
Each ADR method has its own advantages and disadvantages, and it can be difficult to decide on the best method to resolve a dispute. Specialist advice is vital.
At Beverley Morris & Co. Solicitors, our experienced litigators and dispute resolution specialists in Blackheath recommend the most appropriate form of resolution for your circumstances, preferences, objectives and instructions.
This may involve the court system, but more often will involve round table negotiation, mediation or arbitration.
We handle both simple and complex disputes, from family law issues to landlord and tenant disputes, freezing injunctions and shareholder disputes.
For more information, or to speak to one of our specialist dispute resolution solicitors in London, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.