We understand the need to give straight-forward commercial advice within the context of the whole business. Emotions can run high in company-related disputes and we appreciate that a calm, analytical approach, focusing on practical legal points is required. Often, prolonged litigation suits no-one, particularly when there is a commercial relationship to preserve.
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Some of our clients prefer not to go to court but instead would rather reach a negotiated settlement with the party that they are in dispute with. We can help by way of written correspondence, telephone calls or even face to face meetings. The advantage of this approach is that the parties have better control of the outcome. It is also cheaper than court proceedings and may allow what were formally good relations between the parties to continue.
The courts are increasingly encouraging parties to mediate. Mediation is a negotiation process in which you and your opponent are assisted by a neutral third-party—a mediator. We will attend and represent you at the Mediation. It is voluntary so you can leave at any time. Everyone works together to solve the issues and reach best agreements for the parties. The advantage of mediation is that you can create your own outcomes rather than have a judge impose a decision on you. It is an informal process, you do not have to go to court and you do not even have to be in the same room as your opponent. The outcome of mediation generally produces more satisfaction, and is cheaper than court proceedings.
The most common types of ADR are mediation, early neutral evaluation, and arbitration.
Mediation has been set out above.
You may choose to arbitrate or sometimes your contract may require that any dispute be arbitrated. Your case is heard by an impartial person, the arbitrator, who issues a final and binding decision. An arbitration case is heard much faster than a court case, is less formal and is less expensive than court proceedings.
Early Neutral Evaluation will provide you with an initial assessment of the merits of the case. We would appoint an independent person, who is usually a legally qualified person who expresses an opinion on the merits of the issues in writing- you would not have to attend a hearing. This opinion is non-binding but provides an unbiased evaluation and guidance as to the likely outcome should the case be heard in court. The advantage of this is that if the parties agree with the evaluation then court proceedings may be avoided and both your time and costs are saved.
Sometimes Court proceedings have to be issued because your opponent is being unreasonable. The Court will settle the dispute. The advantage of this is that a Judge can will make you opponent do something they are not voluntarily prepared to do and can enforce your rights. We will guide you through the process the stress and anxiety of court proceedings.
How much will it cost?
We offer a free initial interview to listen to the problem and assess your claim. Consequently you can contact us with peace of mind and without obligation.
Our team of Todmorden and Oldham Solicitors is experienced in all commercial matters. For more information or to talk to us about your commercial litigation matter please call us on 0161 785 3529.