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Pellys
LLP Solicitors,
The Old Monastery,
Windhill,
Bishop's Stortford,
Herts
CM23 2ND |
Michael
Vine Solicitors
5 Deacons Hill Road,
Elstree,
Hertfordshire.
WD6 3HY
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SA
Law
60 London Road
St Albans
Herts
AL1 1NG |
Negotiations fail for a variety
of reasons and often become hostile. When parties simply cannot agree
and a dispute seems to be never ending, costing in time, energy, money
and business relationships litigation seems to be the only way
forward, or is it?
Alternative Dispute Resolution.
ADR is a system of settling a dispute without a lawsuit, court case or
trial. Alternative dispute methods include mediation, conciliation, arbitration,
and settlement; ADR is far less formal than the normal legal process and
generally involves the appointment of a third party such as an Alternative
Dispute Solicitor. The ADR lawyer would preside over a hearing with all
parties. The benefit of ADR is the privacy and cost effectiveness without
Court litigation. The final result must be based on compromise because
there is no legal ruling but an agreement is legally recorded.
The Civil Procedure Rules emphasise the overriding objective of dealing
with cases in a cost effective manner and encourage avoiding trial where
possible, It may be a dispute over a neighbour's hedge or drive, a matter
that would cost a great deal of money to settle through the court process
in addition to solicitors fees for amending deeds etc. Quite often, even
after the issue is settled, the result makes no difference to either parties
life
other than putting to bed an age old argument over something
that many would consider trivial, yet to the parties involved, it is a
matter of principal and should be settled.
More complicated disputes are generally those related to business and
call upon Commercial Litigation & Alternative Dispute Resolution.
It is important to seek advice on litigation, mediation, arbitration,
negotiation and adjudication.
Commercial disputes are not only costly and time consuming but place stress
upon business parties especially where long-standing trading relationships
are concerned and indeed threatened.
ADR isn't always as simple an ADR solicitor sitting between two parties
and encouraging them to shake hands and make friends. It may be necessary
to utilise litigation and/or mediation procedures to resolve disputes.
It is likely that alternative dispute resolution involves contractual
issues and compensation claims for damages.
The difference between going to court, suing and counter-suing where costs
and legal fees could be higher that the contractual issue itself, as opposed
to calling upon an ADR solicitor to preside over the dispute, is not only
a financial one, but also speeds the dispute resolution enabling both
parties to continue their obligations or seek new contractors.
It is clear that neither party may appoint their own solicitor and both
parties need to agree on a solicitor that specialises in Alternative Dispute
Resolution.
It might be wise to take an equidistant town or city from each party and
select an ADR solicitor in that area. At least both parties have the same
distance to travel !
Willingness to bring the dispute to a speedy conclusion is not only an
economical choice but showing willingness and holding your hand out to
help the casuse is crucial.
If one or both parties simply want to win, or have entered into an ADR
to save court costs and legal fees, but want to win, may not save money
because the process will drag on and time costs money.
Take on board, there is an issue, it has escalated to a dispute, neither
party can agree and it is preventing you from moving on.
Be prepared and willing to compromise for a speedy and more economical
result.
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