Mediation & arbitration
Whether you are looking to resolve a business or personal dispute, alternative dispute resolution can be a cost-effective, efficient and less stressful way of achieving the result you need.
We help businesses, charities, not-for-profit organisations, individuals and families with all types of mediation, arbitration, adjudication and expert determination.
We advise on:
- commercial dispute mediation.
- construction mediations, arbitrations and adjudications.
- family mediation for divorce, separation and matters affecting children using collaborative law.
If both parties agree and want to co-operate with each other in resolving the dispute, mediation can be very efficient.
As mediators, we can act as a mutual facilitator. The process can be concluded in weeks or days. Once a solution is found, a binding agreement is made in writing.
There may be an agreement between the parties requiring them to arbitrate. But if there isn’t, they can still agree to arbitrate. Arbitration is a very flexible process.
Written statements can be served quickly, necessary documents produced, and the arbitration concluded by an award within weeks – sometimes within days. If the matter is complicated and the parties want more time – this can be agreed.
Adjudication is often used to resolve disputes under construction contracts, but it can be applied more widely. It is a fast-track procedure, often based on written submissions. But there can be a virtual or real meeting and hearing. The adjudicator makes a Decision which, provided it is valid, will be enforced through the Courts if necessary – again, in a fast-track procedure.
Fixed price tailored packages
A fixed price can readily be agreed if the parties are clear about what they want.
A telephone mediation, based on an exchange of written statements, might be agreed at £500 each plus VAT.
For adjudications, the parties can keep the fees down by agreeing not to have reasons – or agreeing the reasons are limited to, say, no more than four sheets of A4 paper. A simple adjudication over compliance with notice requirements under a building contract could be adjudicated for the low thousands of pounds.
Again, with the arbitration, if the parties will agree a fixed timescale, a limit on submissions and the amount of documents and a short statement of reasons, it is certainly possible to agree on a fast-track arbitration for £4,000-5,000 a party plus VAT.
In the case of adjudication and arbitration, the adjudicator or arbitrator will decide which party ultimately pays the fees.
The question supposes that arbitration is sick. In the case of Domestic English Arbitration, it has been ailing for some...Read article