Alternative Dispute Resolution
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.
Our team of specialists will 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.