Although alternative dispute resolution is designed to reduce the costs, stress and formalities associated with resorting to the courts, many parties still hire lawyers to represent them in SETTLEMENT proceedings. They are also looking for prepared consultations on possible solutions or strategies. As with any litigation, you should hire a lawyer with experience in your particular legal case who is also familiar with the ADR collaborative process. Mediation – Mediation is a dispute resolution procedure, but it can take many forms. It is essentially a process in which the parties to the dispute meet in one place with an independent person who works between the parties to reach a settlement of the dispute or to refine problems between the parties. The parties must participate in the mediation, including the travaux préparatoires, and, if an agreement is reached, be bound by that agreement. Documents can be shared and presented before and during mediation. Mediation is less formal and, as such, generally much cheaper than alternatives (arbitration or litigation). The mediator`s goal is to remain impartial throughout the process and to cooperate between the parties. In mediation, it is up to the parties to agree on a solution. The mediator will only facilitate this and will not make the decision for the parties. In mediation, it is always advisable to draft a settlement or resolution agreement to be signed by both parties in order to avoid confusion at a later date.
Mediation is less formal than arbitration or litigation and is often a preferred means because of this and the cost. Mediation is confidential and gives the parties the opportunity to agree on terms that a court or arbitrator could not have made in an arbitral award or court decision. The parties must voluntarily agree to mediation and they must also voluntarily agree to a settlement agreement. A settlement agreement is a legally binding contract, which means that if a party does not comply with it, legal action can be taken to enforce it. In our experience, however, the parties will generally comply once a mediated settlement is finalized. Neutral assessment is a procedure in which each party submits its case to a neutral party who provides an opinion on the strengths and weaknesses of each party`s evidence and arguments and how the dispute should be resolved. It is effective if the subject matter of the dispute requires an expert in this field. The examiner`s opinion is often used to negotiate a settlement. The UK legal system has long pushed parties towards settlement rather than litigation, with courts often having a gloomy view of parties who have not tried to resolve their case outside of litigation. If a contract provides for mediation or arbitration to resolve a dispute, a party who chooses to ignore it will almost certainly be criticized by a court with financial consequences. Therefore, before deciding to accept or reject the solution other than in the event of a dispute, be sure to review the details of your contract or ask your lawyer to review your contract for you if you are not sure.
You may have no choice! Many disputes are resolved through direct negotiations, often on the basis of the advice of a lawyer, but without formally asserting a claim to initiate a dispute. In fact, only a small percentage of disputes go to court. Most are resolved through negotiation, mediation, arbitration or other forms of alternative dispute resolution (ADR). In mediation, a neutral mediator supports the parties` efforts to reach an agreement, but does not have binding decision-making power. Arbitration is a relatively informal court proceeding in which the arbitrator`s decision is usually binding. A wide range of contracts include mandatory provisions for mediation or arbitration, and many court-related programs offer one or more forms of alternative dispute resolution. Pre-action and impartial discussions – Usually by far the most cost-effective way to resolve disputes and involves the parties seeking a solution to some or all of their problems. These are called „pre-action“ because they are involved before a formal procedure. B is not initiated, for example a legal dispute to resolve the dispute.
This usually involves the parties meeting or holding a series of meetings with or without legal representation to discuss the issues and attempt to resolve the dispute. If a party has legal representation, it is always appropriate for lawyers to be the point of contact. Not all parties need legal representation, but if one of the parties does, all parties are advised to seek the advice of a lawyer. A dispute that is resolved without costly court fees or that has to pay fees for an arbitrator/mediator is undoubtedly the cheapest form of dispute resolution. Arbitration is good for cases where the parties want a third party to settle the dispute, but want to avoid the cost of money and time that comes with a lawsuit. It is also appropriate if the parties want a decision-maker experienced in the subject matter of the dispute. 1. A promise not to take disputes to court; 2. An honest, voluntary, prompt and good faith exchange of relevant information without formal discovery; and 3. A commitment to seek solutions that take into account the highest priorities of both parties and their children.
While lawyers share a commitment to the principles of collaborative law, each lawyer has a professional duty to represent their own client with care and is not the other party`s lawyer. .