Our services employ various risk management techniques to facilitate dispute avoidance. However, even with careful procurement and rigorous contract management, sometimes disputes are inevitable. In this case, our alternative dispute resolution team will come to the fore.
Alternative dispute resolution
ADR is getting more and more popular. In fact, it is undesirable to start Court proceedings without attempting ADR first. We specialise in a variety of ADR routes, such as traditional adjudication, mediation and arbitration. But we also take an innovative approach by recommending MED-ARB/ ARB-MED, Early Neutral Evaluation, Expert Determination and many more. While ADR is seen as a cheaper option, it is often not the case and the traditional ADR routes may not suit your business needs. That is why we are here to ensure your commercial protection.
Mediation is a collaborative approach to dispute resolution in which a neutral third party facilitates communication between the involved parties. It aims to find common ground and reach a mutually beneficial resolution, avoiding costly legal battles. However, you may find yourself at a significant disadvantage if you attend mediation without a legal expert. Our advice during mediation will help you understand your legal position and avoid traps set by your opponent.
Adjudication is a quick way to resolve construction disputes and is one of the most popular ADR routes in the industry. However, it can be a strong strategy. Respondents to adjudication claims have little time to gather evidence and present their defence. Claimants, however, might have spent months planning before the launch.
Adjudication demands quick responses and bulletproof arguments from either party to convince the experts. Our team will guide you through the process, ensuring the protection of your rights while you focus on your projects with peace of mind.
Arbitration is a more formal process that resembles a court trial. Unlike mediation, the decisions of the arbitrators are binding on both parties, hence, being properly represented at such proceedings is critical to the outcome. We are experienced in providing support during arbitration and representing our clients to achieve the most beneficial outcomes.
This method is a combination of the mediation and arbitration.
With MED-ARB, by attempting mediation (which is not binding) with the knowledge that, unless a settlement is reached and concluded, the mediator would be able to issue a (binding) arbitration decision, the parties tend to come to a solution without wasting each other’s time.
Early Neutral Evaluation involves an independent expert evaluation of written arguments by both parties, identifying legal and evidence basis of the case and offering a view of what the outcome of the legal proceedings may be. By doing so, the parties are able to see how neutral expert sees their positions and avoid other cost and time-consuming options.
Should the issue be more technical, expert determination would be a more appropriate route, with the same principles and procedures in mind. The key difference is that the decisions of the determining expert are final and binding.
With expertise in law and background in other technical services, we are also able to act as both Early Neutral Evaluators and Determination Experts. Give us a call to find out more about this route - 01780 243127.
Litigation
In cases where negotiation and alternative dispute resolution methods fail, litigation may be the only option.
While we do not often recommend litigation without thoroughly exploring all other available options, unlike common belief, in some cases this route may be more suitable and more financially viable for our clients. Our aim is to find the best dispute resolution method for your specific objectives rather than painting everyone with the same brush.
Our unique approach to litigation will ensure peace of mind for yourself and value for money for your business.