Duncan Lewis Litigation Solicitors – Alternate dispute resolution
Duncan Lewis alternative dispute resolution (ADR) solicitors offer in house ADR services to corporate and private individuals in civil litigation matters.
The court prefers that parties involved in contentious matters meet to discuss resolution before a case goes to court.
This is not only beneficial to the judicial system, because it means the civil courts are not full of litigants suing each other – it also gives the parties a chance to avoid costly and stressful litigation, which can be damaging to both companies and individuals.
Disputes can soon escalate – and even become extremely personal, often resulting in needless litigation.
Alternative dispute resolution encourage both parties to work together towards resolution of claims – especially in cases where the cost of a claim might be outweighed by the cost of litigation.
It is important to remember that, in cases which go to court, the losing party usually has to pay the successful party’s legal costs. This can be as damaging to a large corporation involved in a high-value claim, as it is to an SME or private individual.
DR generally involves one of five types of alternative dispute resolution:
- Arbitration – a voluntary measure, which can be stipulated in a contract in case of dispute between the parties. Abitrators can impose a resolution on the parties.
- Conciliation – the conciliator is not an adjudicator and does not make an award, but acts to help the parties explore and settle their differences and consider making concessions or compromises, if necessary. Conciliation can help remove the “heat” from a dispute to negotiate a settlement and avoid costly litigation.
- Mediation – the mediator helps the parties work towards resolution – and can suggest a resolution to the parties, which they do not have to accept.
- Negotiation – participation in negotiation is voluntary between the parties, either directly or through their legal representatives – but without a third-party intermediary to impose a resolution.
- Ombudsman – an independent adjudicator examines the claim or dispute, makes a ruling and awards any compensation due.
Within ADR there are also other types of dispute resolution – such as case evaluation – which might also be suitable to avoid litigation.
Duncan Lewis Alternative Dispute Resolution Solicitors – Areas of Law
Duncan Lewis solicitors have in house experts covering most areas of law, including company/commercial law, public law, property law, personal injury and medical negligence, family law, employment law, professional negligence claims and criminal law and fraud (including white-collar crime).
Duncan Lewis can advise litigation clients on the most effective way forward, depending on their case details and the area of law – and our team will constantly review the options for ADR if initial attempts at dispute resolution fail and the case proceeds to court.
ADR is an option at any stage of litigation, even during a court hearing.
However, the earlier a settlement is reached between the parties, the lower the legal costs involved and the less energy and stress expended in resolving the dispute and claim.
Contacting Duncan Lewis Alternative Dispute Resolution Solicitors
To discuss Alternative Dispute Resolution in any litigation matter, call Duncan Lewis ADR Solicitors on 0333 772 0409.