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What Options are Available for Resolving Disputes?
January 25, 2024

Disputes can arise in many different areas of our lives. Family disagreements, issues at work, and difficulties with neighbours can easily spiral and escalate into a full-blown fallout if not dealt with quickly and effectively.

Going to court is not always the best option for dispute resolution. Litigation can be expensive, time-consuming, and stressful.

In this blog, our specialist Dispute Resolution lawyers consider some of the most popular forms of alternative dispute resolution and when they might be appropriate.

Negotiation

What is negotiation?

Negotiation entails the parties involved in a dispute coming together to discuss the matters in contention to reach an agreement.

In its simplest form, negotiations can involve just the disputing parties themselves. However, involving a lawyer can facilitate the process by providing you with the expertise to help you negotiate or negotiate on your behalf.

Negotiation is a voluntary process, and any decision reached through negotiation is non-binding, until it is made binding by a deed or other written agreement, or in some cases approved by the court.

When is negotiation used?

Negotiation is a viable option of dispute resolution for most civil disputes, including:

  • Family disputes.
  • Personal injury disputes.
  • Professional negligence.
  • Neighbour disputes.
  • Landlord and tenant disputes.
  • Trust disputes.
  • Wills and probate issues.
  • Contract disputes.
  • Financial disputes.
  • Defamation.

What are the benefits of negotiation?

  • Saves time and money. Negotiation is one of the most informal, straightforward, and quickest ways of resolving a dispute.
  • Flexible. Parties can tailor the process and the outcome to their own needs.
  • Communication. Negotiation encourages discussion and collaboration between parties.
  • Control. Resolving a dispute themselves means parties retain decision-making control rather than delegating such powers to a third party.
  • Confidential. Negotiation is a private and confidential dispute resolution option which preserves the disputing parties’ reputations and relationships.
  • ‘Without prejudice’. Negotiations are voluntary and non-binding, meaning parties can discuss matters openly without being legally bound to them.

Mediation

What is mediation?

Mediation is a form of alternative dispute resolution (ADR) that involves an independent, professionally trained third party (a ‘mediator’) helping two or more parties reach an agreement they are both happy with.

It is not compulsory, but it is encouraged by the courts and there may be adverse consequences for a party that refuses to try it.

When is mediation used?

Mediation is most used in civil disputes, such as:

  • Family disputes.
  • Personal injury disputes.
  • Professional negligence.
  • Neighbour disputes.
  • Landlord and tenant disputes.
  • Trust disputes.
  • Wills and probate issues.
  • Contract disputes.
  • Financial disputes.
  • Defamation.

What are the benefits of mediation?

  • Cost. Mediation is considered one of the most cost-effective ways to resolve a dispute.
  • Speed. Disputes are resolved much faster through mediation than litigation.
  • Confidentiality. Discussions during mediation are confidential and cannot be shared with anyone outside the process.
  • Control. Parties who use mediation are responsible for reaching their own agreements rather than having a decision imposed on them by a judge.
  • Conflict. Mediation encourages disputing parties to work together to reach a mutually beneficial agreement rather than pitting people against each other.
  • Communication. Mediation in the UK is ‘without prejudice’, which means couples can discuss matters openly with the assistance of an impartial third party.
  • Flexibility. Mediation is a bespoke process.
  • Outcomes. Reaching an agreement together through open conversations means there is a higher chance of you being happy with the arrangements, increasing the likelihood of the agreement being upheld.
  • Less stressful. It avoids the stress of attending court and being cross-examined.

Each ADR method has its own advantages and disadvantages, and it can be difficult to decide on the best method to resolve a dispute. Specialist advice is vital.

There are other ADR options, such as:

  • Early neutral evaluations, by an expert, often a KC.
  • Private financial dispute resolution hearings in family cases, by a retired judge, or KC.
  • Binding decisions on a point of interpretation or a discrete issue.

At Muscatt Black Graf, we will advise you on the best way to proceed, depending on the nature of your issue. There are many and varied options and combinations of ADR.

If you are looking for advice and guidance on dispute resolution matters and want to discuss your next steps, please contact us via contact@muscattblackgraf.com.

Arbitration

What is arbitration?

Arbitration is a more formal method of ADR that involves a neutral person or panel of people listening to both sides of an argument before coming to a decision about its resolution.

Arbitrators are often experts in their fields, particularly in cases where the decision-maker needs to be knowledgeable about a particular subject matter and can be chosen by the disputing parties.

The arbitration process has many similarities to court proceedings in that there will usually be documents that need to be disclosed, and witnesses will be questioned and subject to cross-examination.

Decisions reached through arbitration are usually legally binding.

When is arbitration used?

Arbitration is used to resolve various public, private, and commercial disputes. It is particularly useful in:

  • Business disputes.
  • Cross-border disputes.
  • Financial disputes.
  • Property disputes.
  • Family arrangements.
  • Damages.
  • Contract breaches.

What are the main advantages of arbitration?

  • Speed. Arbitration is often quicker than decisions made by the courts.
  • Cost. Depending on the complexity of the case and how long it takes to resolve, decisions made through arbitration are usually less expensive than litigation.
  • Privacy. Information, evidence, and statements brought up during arbitration proceedings are confidential, which can be particularly appealing to businesses and public figures.
  • Finality. Most arbitration awards are final and binding, and there are limited opportunities for appeal.
  • Enforceable internationally. Decisions that have been made through arbitration can only be set aside in exceptional circumstances and are widely enforceable across the world.

Dispute Resolution Lawyers London

Muscatt Black Graf’s Dispute Resolution team deals with civil and commercial disputes and provides practical and pragmatic legal advice to ensure any disputes are resolved quickly and cost-effectively.

We understand that taking legal action for any reason can be extremely stressful, particularly when you are unsure about the costs and process involved.

Our experienced team of Dispute Resolution solicitors will explain exactly what is involved at every stage of the process and advise on the best possible course of action depending on your needs.

We act for HNWIs, professionals and corporates and take the time to really understand your situation so that we can work with you to secure a positive outcome for your case.

If you are looking for advice and guidance on dispute resolution and want to discuss your next steps, please email Muscatt Black Graf on contact@muscattblackgraf.com. Alternatively, click here to complete our online contact form.

This blog was prepared on 22 January 2024. It is not intended to be advice and should not be relied upon as such.

 

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