The Courts now actively encourage parties engaged in a dispute to use Alternative Dispute Resolution (ADR) and are prepared to impose costs penalties on those who unreasonably refuse to engage in the process.
The confidential, cost effective and flexible nature of mediation has led to it being the most commonly used form of ADR.
Mediation allows parties an opportunity to meet outside of the courtroom, which often acts as a catalyst for a deal to be done in a way which preserves the business relationship between the parties. Even if it does not result in a settlement, the mediation process can serve to narrow the issues and give each side a better understanding of the other party's motivation for continuing the dispute.
Going to court is often not the best way to resolve a dispute. Our cross departmental team of dispute resolution specialists believe each dispute requires a bespoke solution, sometimes aggressive, sometimes measured. We are strong advocates of Alternative Dispute Resolution and have a particularly broad experience in mediation.
Our lawyers are adept at deploying the best tactics to gain the most favourable results for our clients; particularly cases involving high values and complex issues. We understand the frequent need to continue to do business with your opponent once the dispute has been resolved and we endeavour to resolve disputes on the best possible terms; both financially and amicably.
As well as offering our own qualified and experienced mediators to assist in resolving disputes, we have special relationships with various bodies that provide mediator services for our clients. Selecting and agreeing the right mediator is one of the most important decisions, as it is often the case that the personality and experience of the mediator has a significant bearing on whether the process is successful.