Mediation and Alternative Dispute Resolution
Dispute resolution encompasses many different processes for bringing disputes to an end. Litigation through the Courts is the best known but it can be expensive and time consuming. Fortunately, there are other ways of achieving our clients' goals in resolving complicated commercial and personal disputes. The lawyers in our dispute resolution team are experts in these processes, which include :
Principled Negotiation
The reason we negotiate is to produce a better outcome than can be obtained by other methods.
Most people engage in some form of negotiation every day of their lives, with their family, friends, business partners and work colleagues. Whether consciously or unconsciously, most people also know that they are more likely to succeed in negotiations if they apply logic or objective reasoning to their argument. Principled negotiation is simply a description of negotiating using a reasoned approach.
Our lawyers are experienced negotiators and in many cases can find a resolution by adopting a reasoned approach. In other cases, this will not be enough because it takes both parties to agree. However, in these cases, applying a reasoned approach and considering the best alternatives to a negotiated settlement means that a client's position is tested before other steps are taken.
Mediation
Mediation is a confidential and structured negotiation involving the use of an independent third party (the mediator), whose role it is to help the parties find a mutually acceptable solution. These days, well trained professional mediators are readily available and mediation is a well recognised tool in the context of commercial dispute resolution. Mediation is particularly suited to resolving disputes where other methods might damage continuing commercial relationships.
Mediations are also approved by the Courts as a method of resolving disputes that might otherwise end in expensive and long term litigation.