Techniques

Here we outline our Dispute Resolution techniques

Mediation

  • This is a process of assisted negotiation where the parties agree a mediator who attempts, either in a joint meeting or  by telephone, to find common ground between the parties, which may form the basis of a settlement. The Mediator does not have the power to make determinations.

Arbitration

  • This is a process of contractual determination, whereby the parties appoint an Arbitrator to determine one or more of the issues in dispute according to agreed contractual procedures.

  • Other Alternative Disputes Resolution (ADR opportunities); Many areas of dispute have specialist mediation or conciliation services: for example, ACAS in employment Disputes,  RACS in some building disputes, and Court based mediation after issue. The Courts would expect that parties in dispute would consider employing these specialist dispute resolution services before issuing proceedings.

Court Proceedings

  • Small Claims: straightforward disputes up to £10,00 in value. Costs awards are exceptional, as the Tribunal wants to discourage the use of solicitors.
  • Fast track: modest claims requiring 1 day at Trial . Costs may be awarded but there are caps on certain types of costs and costs must be proportionate and/or reasonable.
  • Multi-track: High, specialist or complex claims requiring more than 1 day at trial.