Alternative Dispute Resolution
Resolving disputes can be a complex and time-consuming process, but there are alternative methods that offer efficient and cost-effective solutions. At Oracle Solicitors, we specialise in providing expert guidance on alternative dispute resolution (ADR) techniques tailored to your needs. We aim to deliver practical and effective outcomes for our clients.
Commercial disputes expertise
Alternative dispute resolution techniques offer numerous advantages, including:
Cost Efficiency: ADR methods often result in significant cost savings compared to protracted court proceedings by avoiding lengthy litigation processes.
Time Effectiveness: ADR typically offers a faster resolution timeline compared to traditional litigation.
Preserved Relationships: Maintaining positive business relationships is vital. ADR techniques, such as mediation, foster open communication and cooperation, enabling parties to work towards mutually acceptable solutions.
Flexibility and Control: ADR methods are tailored to the specific needs of the parties and maintain a degree of autonomy in finding solutions, leading to more satisfactory outcomes.
There are a range of ADR options available to the parties in a dispute, however we have detailed a few below:
What is Negotiation?
The most common form of ADR is negotiation. Negotiations take place between both parties’ respective legal representatives seeking a resolution on a ‘without prejudice’ basis. Negotiation can take place in writing, telephone calls or face to face. Such communications cannot be mentioned or submitted to the court (should it come to that). Our expert solicitors can represent you throughout your case and assist you in determining how you wish to approach the negotiation.
What is Mediation?
Mediation is conducted with the assistance of a mediator. Respective parties appoint a mediator of their choice to assist them in resolving the dispute. The mediator will try to reach a settlement agreement between the parties and will not favour one party over another. A mediator may also be a solicitor or a professional practicing in the same area as the dispute.
What is Arbitration?
An arbitrator’s decision is binding upon the parties. An arbitrator acts in a quasi-judicial capacity in determining the issues in dispute. The decision is based on the evidence submitted by the parties. Although arbitration is more costly than mediation, it almost certainly will costs less than court proceedings. The way you present your evidence to an arbitrator is crucial and should be left in the hands of experts. Contact us on 020 3051 5060 to assist and guide you through arbitration to obtain the outcome you seek.
What is an Adjudication?
Adjudication may be appropriate for resolving disputes relating to construction contracts, such as:
- Payment disputes
- Defective work
- Breach of contract
- Termination of contract
- Professional negligence
The parties will appoint an adjudicator, evidence will be presented, a hearing will take place, and a decision will be made by the adjudicator within a period of 28 days. The decision of the adjudicator will be binding on the parties and can be enforced in court, if necessary.
How we can help
Our ADR solicitors are immensely experienced in a range of ADR proceedings in both making a civil dispute claim or defending one. We will provide you with clear and tailored advice to protect yourself and the interests of your business. Obtaining expert advice to put a strategy in place is key to obtaining the most favourable outcome. Please contact us 020 3051 5060 or leave your message and we will get back to you.