Dispute Resolution and Litigation
Alternative dispute resolution (ADR)
Do you have a dispute that is unresolved? For example, you have purchased faulty goods or your builder has undertaken works at your property which are completely unsatisfactory? If so, be assured that there are various cost effective ways to resolve your dispute. Court should always be the last resort.
Many cases settle by way of negotiation between the parties. This means that the parties enter into mutual discussions to try and reach an agreement. Parties may attempt to do this in writing or agree a mutually convenient time and place for them to meet and resolve matters.
Mediation is another form of negotiation but the parties are assisted by a mutual third party who works hard to get the parties to agree a reasonable settlement. Mediation is used to try and resolve all types of disputes including neighbour, consumer, contract and negligence disputes.
Conciliation is a more pro-active version of mediation as the neutral third party actively makes suggestions regarding the parties’ settlement options. Conciliation is usually a favourite in family type disputes.
One of the major benefits of ADR is that it offers a much more cost effective way of resolving disputes than if assistance is sought from the court straight away. The court also actively encourages the use of ADR and if a party refuses, then the court may order a party to pay more costs, as a consequence of their failure to use ADR. If court proceedings have been started and the parties use ADR, the parties' agreement is usually recorded in a court order which they endorse and thereafter send to the court for consideration by a judge. If a judge consents to the parties’ agreement he or she will endorse the order and thereafter the order is enforceable through the court.