Alternatives To Dispute Resolution
Before any of the more formal procedures are initiated, there may be a period of negotiation where the parties attempt to resolve their differences themselves. This might be the best solution to the problem.
If negotiations fail then the parties may submit to mediation services which will try to help the parties to reach an amicable solution by talking through the issues. These are voluntary, usually free, and can be initiated by any of the parties. Mediators are trained to be impartial.
Mediation tends to be commonly used to resolve disputes.
Provides guidance that the Court should encourage parties to use alternative dispute resolution (ADR), which in most cases, will be mediation and have introduced cost sanctions against parties that refuse to resolve a dispute through mediation where it would have been clearly in the interest of the parties.
Requires parties in dispute to meet, at least once before litigation commences, to discuss whether some form of ADR, such as mediation, would be a more appropriate means to resolve the dispute.
The mediator will be an independent person, who will not make a decision, judge or advice, but will facilitate discussions between the parties, with the aim of resolving the dispute. Mediators are generally highly experienced in the area of the dispute, and may even by TCC judges.
- It can help maintain a long term business relationship.
- It is relatively quick to arrange, with mediations usually lasting 1-2 days.
- It is usually considerably less costly than litigation.
- Everything that happens in mediation is confidential.
- A mediator will encourage the parties to find a solution to the dispute which will suit both the parties’ needs.
Disadvantages of using mediation, if the parties do not come to an agreement, the dispute will remain unresolved and the cost of mediation will have been wasted.
Altion Law are specialists at advising and representing parties in a Contractual Dispute relating to a Construction Project. If you would like to have a confidential discussion with a member of our team, please complete our Contact Us Form, and we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.