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Alternative Dispute Resolution

Resolving commercial disputes

Alternative dispute resolution is a type of mediation that has grown rapidly in the past 10 years, as a method of resolving of all types of commercial disputes.  Its methodology is now being adopted for various new situations such as compulsory mediation through ACAS and it is also being considered by the National Health Service for the resolution of personal injury claims.

What is mediation?

Mediation is an alternative to appointing an expert to resolve a problem, which is normally only appropriate where the issue can be resolved by considering paper representations alone.  Mediation is also favoured against the rather long winded and expensive process of appointing an arbitrator under the Arbitration Acts.

Usually mediation involves all parties attending a single venue on a particular day, with the intent that their issue may be resolved with a solution that is acceptable to both parties.  However, mediation will not succeed if one party has no intention of trying to resolve a dispute.

How mediation helps in dispute resolution

Statistics show that over 70% of mediations are successful on the day, or promote a settlement within a very short period of time following the day of mediation.

What does a mediator do?

Sometimes a mediator (an independent expert) is appointed and they shuffle between the parties involved in the dispute, exploring the strengths and weaknesses of their cases with a view to finding a solution or proposals for settlement.  It is not always necessary to have a mediator as solicitors representing each party can also carry out the same function.

Mediation costs

Costs of mediation are considerably lower than trying to resolve an issue by going through a full court hearing.  As such, it is often used before or after parties issue proceedings.

Cost penalties can be imposed by the court, if there has been an unreasonable refusal to consider or follow mediation.

Alternative dispute resolution legal advice

As a firm, we have a number of experienced solicitors who have a great deal of experience and expertise in being involved in and conducting mediation.  If you have any type of commercial dispute, please feel free to contact us for fast, cost-effective mediation.

Bray and Bray has three main offices in Leicestershire, contact us to discuss an enquiry or a case you have or feel free to pop in and see us at your local office by clicking on the links below:

Leicester call us on 0116 254 8871.

Hinckley call us on 01455 639 900.

Market Harborough call us on 01858 467 181.

Bray & Bray's experts don't just dip in and out of different areas of law – all our lawyers specialise in certain areas and have the knowledge and confidence to take on any kind of case in their area of law. Contact us and we'll work alongside you from start to finish.

We know that when our clients are dealing with a stressful legal situation the last thing they need is to be confused by jargon, or made uncomfortable by stuffy professionals. Our plain speaking transparent approach puts people at ease and we're really proud of it.

We offer a complete range of legal services, from personal injury to family law, criminal defence and immigration. We have expert teams of lawyers working in all legal areas, and you'll never work with anyone who isn't fully versed in the relevant laws.

We're based in Leicester and the county but we serve clients nationwide, so don't hesitate to get in touch if you're based some distance away. We do everything we can to make things simple for clients based elsewhere – we'll keep in touch via phone and email, and we'll come and visit you should we need to.

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