Alternative Dispute Resolution Solicitors
Are you looking to resolve a dispute as quickly as possible?
In resolving a dispute, no matter which side of the fence you sit, you are entitled to a fair opportunity to put your case before an independent tribunal to ensure fairness. Taking a matter through to trial is expensive, stressful and sometimes unpredictable. Not to mention a waste of your precious time.
How could you resolve a dispute quickly, with less cost and less stress?
Simple. Let us be part of your team.
Parties do not have to litigate and there is a process which is faster, cheaper and more flexible which can still lead to a fair outcome: Alternative Dispute Resolution (ADR). Often however, solicitors over-look this.
The Courts Position
The courts now expect parties to a dispute to attempt ADR. If a party unreasonably refuses to mediate there may be harsh cost penalties which a court can impose in order the punish unreasonable behaviour.
How Does ADR Work?
The Process is very flexible and the parties can determine the process to be followed. Importantly it means that the parties must be transparent
There is no one form of ADR. It can be as simple as a “without prejudice” discussion between the parties and their solicitors.
Often the parties will agree to appoint a mediator (a neutral third party). A meeting usually takes place at a venue agreed by the parties and the mediator will speak to each of the parties separately and try to get a resolution without a punch-up!
Sometimes an independent expert will be jointly instructed to give an opinion on the subject matter to help decide the outcome. The parties will need to consider at the outset whether they intend to be bound by the report or not. If not, and agreement is not possible the parties can fight on to trial without risk of the expert’s report being mentioned.
The further benefit of ADR (where it has not been possible to come to an agreement) is that it will often significantly narrow the issues to be determined between the parties, which in turn will save time and costs.
How can we help you?
With extensive experience of ADR you are well placed with Kumari Hart Solicitors to guide you through the process.
All initial enquiries are completely free of charge, so please do not hesitate to call us.
We can provide you with a number of funding solutions including a fixed fee quotation and payment by instalments.