We recognise that the rapid resolution of business disputes is
critical. Alternative dispute resolution (ADR) is no longer
optional but is central to the court rules. The ability to
resolve disputes in a proportionate and flexible way assists with
the control of such problems and the costs associated with
them.
An early assessment of disputes allows us to identify both a
proactive and proportionate strategy which is the optimum route to
a successful outcome.
We have helped clients in a range of sectors to assess the
suitability of ADR to the nature of any particular
dispute. This has benefited clients by:
- Preserving commercial relationships
- Controlling costs, by avoiding potentially expensive legal proceedings or by resolving the legal process at an early stage
- Reducing clients’ management time in the process of litigation
- Controlling the outcome of a dispute rather than being wholly reliant on a judicial assessment
- Aligning an accurate legal assessment with a focus on the commercial realities of a dispute
- Providing support to clients via the alternatives of litigation and mediation
Our international practice assists clients in resolving disputes across borders where parties find themselves subject to the law of an unfamiliar jurisdiction. Lawyers fully trained in mediation and associated skills can advise, represent and mediate disputes. We represent clients in all forms of ADR including mediation, expert determination and arbitration. We also provide training in ADR and the drafting of ADR clauses within contracts.
Our aim initially is to offer advice on the suitability of the
ADR process in terms of the specific business needs of each
client. We can then represent clients within the ADR process
and design commercially realistic and appropriate alternative
dispute resolution strategies.
Recent case studies
Mediation – We acted for a contractor who claimed a design breach by an architect who responded by stating it was a construction error. Court proceedings were issued but shortly thereafter the matter was stayed to mediation by agreement of the parties where the parties explored settlement options. The matter was resolved thereafter.
Adjudication - We challenged the jurisdiction of an adjudicator stating that the subcontractor was unable to evidence a concluded construction contract and, therefore, adjudication cannot apply. The adjudicator agreed with us and withdrew his appointment asking the subcontractor to pay his fees.
