Alternative dispute resolution
Hi I'm Alison Leith I'm a partner and I run the commercial disputes department. We know that most businesses and people would prefer to avoid any legal dispute, after all who wouldn't? Which is why our specialist team can offer alternative dispute resolution and dispute avoidance and management. We can arrange an impartial and independent mediator or conciliator helps the parties negotiate a resolution to the dispute. If the parties do not want to negotiate in person, a mediator may act as go-between. We can arrange to settle the dispute through Arbitration, Adjudication, Mediation , Conciliation, Negotiation, Ombudsmen. Our team can advise the best approach for you or your business.
As a business you would obviously prefer to avoid any legal dispute that may detract from the day to day running of what you do. However, it is a commercial reality that disputes do arise. When you are faced with that situation you want to be able to rely on legal advice that is clear, proactive and above all commercial. You want to be offered a range of practical solutions and options that reflect the nature and value of the dispute.
At Tilly Bailey & Irvine we focus on the creation of solutions whether that is dispute avoidance and management, alternative dispute resolution (such as mediation) or litigation as a last resort.
We will devise a strategy that suits your business and budget, at all times providing up front and continuous costs information. We are therefore representing your interests with commitment and determination but at the same time never losing sight of our client’s commercial needs.
Often mediation is the best route to a successful resolution of your dispute.
We can help you achieve the result you’re looking for….
Since the introduction of the Civil Procedure Rules (CPR) there has been a dramatic change in the way that the courts are expected to manage disputes which has resulted in a reduction in the number of cases proceeding to a fully-contested trial. This has had a knock on effect for you and your business as you are now encouraged to resolve disputes by alternative methods, such as mediation.
Tilly Bailey & Irvine employ a commercial approach from the outset to fully assess your case to find the best way of resolving your dispute. If ADR is possible it can have substantial benefits for you or your business, in particular in maintaining commercial relationships, keeping disputes confidential and saving time and expense.
Tilly Bailey & Irvine commercial disputes team has a wide range of experience and can advise you in relation to all methods of ADR including:
Negotiation - the most straight forward form of ADR which can be carried out simply through the exchange of correspondence to resolve the areas of dispute or by way of a meeting between the parties;
Mediation - this is a more formal method of negotiation whereby a trained mediator is appointed to assist the parties to reach a settlement. However, he cannot impose a judgment;
Adjudication - This form is a quick and relatively inexpensive process. You and the other party agree to accept the adjudicator’s decision;
Arbitration - An arbitrator is appointed to hear and determine the dispute. The process can be very costly and time consuming and is similar in many ways to Court proceedings;
Early neutral evaluation - early in proceedings, the parties are provided with a frank evaluation by an objective observer of the merits of each party’s case;
Expert determination - the parties agree to abide by the decision of an expert in a particular field. This is commonly used in construction related disputes where a surveyor is appointed and in partnership disputes where a forensic accountant is appointed.
Recent client stories
Alternative Dispute Resolution (ADR)
Tilly Bailey & Irvine arranged an around the table meeting between our client and their Landlord in respect of a Landlord and Tenant dispute which resulted in the parties resolving the issues between them and avoiding the necessity to resort to court proceedings. We acted in a successful mediation which resolved a long running shareholders' dispute which had become extremely acrimonious and threatened to destroy the business itself. We recently acted on behalf of a software company in defence of a claim for wrongful termination of a licence agreement. Although the mediation did not produce a settlement it was effective in narrowing the issues in dispute which resulted in a substantial cost saving at the subsequent trial.