We understand that legal disputes and litigation can be an extremely stressful process for both individuals and businesses. With changes to litigation funding and cuts to legal aid, the use of mediation and other forms of Alternative Dispute Resolution (ADR) is expanding and becoming of increasing importance to individuals and businesses alike who find themselves involved in a dispute.
Partner & Head of Specialist Litigation & Insurance Law
Mediation and ADR offer alternative ways of settling a dispute rather than resorting to legal proceedings and litigation. In fact, the court promotes the use of Mediation and ADR wherever possible to avoid matters going to a final hearing and avoiding the substantial costs that litigation can incur.
What are the most common types of ADR?
There are many different types of ADR which may help resolve a dispute with your opponent. The most common of which are as follows:
Mediation involves an independent third party (the mediator) acting as a go-between to facilitate a mutual agreement between the parties involved in a dispute. The mediator will remain entirely independent and will not force either party to enter into an agreement. Mediation can be conducted by telephone conference or in person at numerous locations throughout the country. Mediation is entirely confidential and any agreement reached between the parties will be equally as binding as a court’s judgment or final decision.
Negotiation is exactly how it sounds. The two sides in the dispute negotiate with each other in order to reach a compromise, without the need to proceed to a final court hearing.
Arbitration is used in more specialist cases. An independent third party (the arbitrator) is appointed with a role very similar to that of a trial judge and will have often have specific knowledge of the sector or type of dispute to which the matter relates and be a professional in that area.
Unlike a mediator, an arbitrator is not a go-between. The arbitrator listens to each sides version of events and provides a decision on the facts which version of events he/she prefers. Arbitration is less formal than a court hearing or trial and can be binding or non-binding on the parties participating in the same.
We Can Help
At MW Solicitors, our mission is "To make quality legal services accessible to everyone". Where we believe it is in your best interests, we will proactively encourage you and your opponent to enter into mediation or ADR to settle a dispute as soon as possible. The procedure for Mediation specifically is both informal and cost-effective, and parties to mediation can walk away at any time. We will always ensure that any agreement you enter into protects you and is legally binding.
You can be confident that any Mediation or ADR you enter into with MW Solicitors will be worthwhile and may resolve the dispute at an early stage, reducing your legal costs dramatically, and saving the parties from the pressures and stresses of court proceedings. Call us today on 020 3551 8500 or fill in our Contact Us form and our team will call or email you within 1 working day.