When parties are involved in a dispute, litigation sometimes seems like the only possible outcome. However, it is often best to try to resolve the issue before you get involved in a costly legal process.
Litigation may mean an uncertain outcome and serious costs, especially if you are on the wrong end of the ruling. However, the court may exercise discretion based on the circumstances.
What are the alternatives when it comes to dispute resolution?
Mediation
This is a form of dispute resolution where parties meet up with an independent mediator who is tasked with helping them solve their dispute. The role of the mediator is not to make decisions on your behalf. Instead, they assist in the negotiations toward a settlement.
Mediation is often less time-consuming than litigation. In the UK, it can take months to resolve a matter in court depending on how complex it is and how busy the court schedule is. Lists in court have grown, and delays in the resolution of cases are commonplace. Mediation can offer a swift resolution, possibly after just a few sessions.
The process is less formal than a court proceeding, and the parties can be more creative in reaching a solution unencumbered by the rules of evidence and legal precedent.
Arbitration
This is a process where the parties in dispute agree to have the issue settled by an independent arbitrator. If the issue cannot be settled during discussions, a panel will be appointed to decide what the outcome should be. Both sides can present their case, and the arbitrator will review evidence before reaching a decision.
A London law firm with experience in arbitration can make the process much smoother. Any questions or concerns about the process can be addressed by a London law firm.
Adjudication
Adjudication also involves a third party similar to arbitration, but an adjudicator is usually an expert in the issues raised in the dispute. Their decisions may be non-binding, and they can be challenged in court. You should check the fees that apply before starting the process.