dispute resolution »
alternative dispute resolution
Our specialist dispute resolution team advises individuals, LLPs, partnerships, large private companies and public organisations on the different ways of resolving disputes. These include:
- Negotiation Often ignored, this is the single most effective way of resolving disputes at any stage. We can assist clients to resolve their own disputes or help with negotiations.
- Mediation Currently the most common formal form of Alternative Dispute Resolution. It is a process by which a third party, a mediator, is appointed by the parties to a dispute to assist and facilitate resolution and can be undertaken prior to a formal dispute process, in parallel with a formal dispute process and/or as required by the contractual documents governing the relationship between the parties. We have a number of qualified civil mediators within the practice and the team/group has experience of assisting and representing clients at mediations.
- Expert determination A number of trade bodies provide for expert determination of specific types of disputes. Each scheme is specific to the relevant trade. Expert determination is also used for some types of property disputes. We have experience in representing and assisting clients in expert determinations.
- Arbitration This is most commonly used in construction and insurance disputes. Any contract document with an arbitration clause as its fall-back dispute resolution may have to be resolved by reference to arbitration.
- Adjudication including construction adjudication and Land Registry adjudication.
- Our specialist team includes qualified civil mediators and members of the LSLA (London Solicitors Litigation Association) and PLA (Property Litigation Association).
- Recent cases include acting for defendants in claims for professional negligence (resolved after a one-day mediation); acting for defendants in relation to alleged breach of contract and unpaid invoices and IP rights, including a counter-claim (mediation over several months).