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Dispute resolution for businesses
Dispute Resolution and Litigation
Disputes are a drain on resources you could do without.
They can also be stressful and risky if they go wrong.
If you’ve experienced any of the things below, you’ll know what we’re talking about:
• Employee issues
• Late payments or non-payments from customers
• Suppliers who let you down
• Business Contracts that go wrong
• Shareholder disputes
• People stealing your secrets or ignoring your rights
How can LawBite help?
Our lawyers can provide you with expert guidance and reassurance, whether you are bringing or defending a legal claim in the Courts (‘Litigation’), or resolving a dispute using Alternative Dispute Resolution (‘ADR’).
ADR methods don’t involve the Courts and are intended to be less formal. They can also potentially be cheaper and quicker.
Send us your enquiry using the form on the right and a member of our team will get back to you within 2 working hours.
- An arbitrator is appointed to decide your dispute
- The arbitrator is often an experienced expert rather than a judge who may know nothing about your industry
- The arbitrator manages the process – which is either done by documents-only or could include a hearing
- The arbitrator is not bound by the formalities of normal court procedure
- You and the other party are bound by the result and it is easier to enforce than most other proceedings and internationally binding
- A trained mediator is appointed to try to facilitate a settlement of your dispute
- The mediator is neutral and doesn’t represent either side
- The mediator manages the process – often a series of meetings between the parties spread over one day
- Mediation is successful 75% of the time, saving time, money and stress
- But it is always your choice as to whether or not to settle
FAQs about Dispute Resolution
What is meant by dispute resolution?
Dispute resolution is an all encompassing term for the process where two or more parties disagree with each other for whatever reason and they have engaged third parties, such as solicitors or the Court to resolve the dispute. The Dispute Resolution process could include round table negotiations, mediation, arbitration, adjudication, tribunals, Ombudsman Schemes and more traditional litigation through the Court system.
What does a dispute resolution lawyer do?
Dispute resolution lawyers assist, guide and advise their clients during the dispute resolution process. The rules by which the parties must conduct dispute resolution depends on the form they choose and these rules could be complicated.
In some cases the law that applies to the facts can be equally complicated and making a mistake on the law or the rules can be costly. Dispute resolution lawyers strive to get the best possible outcome for their clients whilst remaining within the rules and the applicable law.
What are the methods of dispute settlement?
In most cases a settlement is reached before the dispute gets a final determination. Settlements are most often reached in round table negotiations or during mediation and it is best practice to have the terms of the settlement recorded in writing in a Settlement Deed so the parties can refer back to the document in the future if another dispute arises over the exact terms of the settlement.
How do you settle a legal dispute?
A settlement is reached when both parties agree on its terms. Quite often lawyers on both sides play a vital role in helping the parties reach the settlement by pointing out to their clients the weaknesses in their own case and the strengths in the other party’s case.
How do you resolve a contract dispute?
Contract disputes almost always revolve around interpretation of words. Unsurprisingly, each party will interpret the words in such a way that best suits them. The answer to this is to have an independent third party, standing on the outside, interpret the words. This person could be your own lawyer or an Adjudicator, Arbitrator, Ombudsman or ultimately a judge sitting in a Court.
What is a dispute resolution clause?
Today we have various different forums for having disputes between parties determined. For example the parties can turn to mediation, arbitration, adjudication, tribunals, ombudsman schemes or the Courts. A resolution clause in a contract gives the parties an opportunity to decide between them at the outset which forum they think will be best suited to determine a dispute between them if one arises later. Such a clause also gives certainty to the parties should a dispute arise.
Is it better to settle out of court or go to trial?
The short answer is ”yes”. Not least because you know for certain the outcome which you can control but also because the Court should only be used as a last resort. Going all the way to a final trial could be costly and time consuming not to mention that the outcome is always uncertain.
Why use LawBite?
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How can LawBite help?
Our LawBriefs can provide expert guidance and reassurance, whether you are bringing or defending a legal claim, or resolving a dispute using Alternative Dispute Resolution (ADR) methods like Mediation and Arbitration.
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We can't thank you enough for all of your help with this… I'm very impressed with the serviceSteven Wintercroft
WINTERCROFT DESIGN LTD
A very smooth and efficient process. Will definitely use your services again.Sharon Dixon
FIONA HARROLD COACHING
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