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Mediation and arbitration
Business disputes are inevitably disruptive. A major dispute with a customer or with trading partner may distract management, drain resources and jeopardise the success of your business. Whilst litigation (typically lengthy and costly) may seem to be the only option, it is sensible to consider other options that may produce an outcome that you can live with, and which are ultimately better for your business.
Mediation and arbitration can help to achieve successful outcomes in resolving disputes without the costly and time-consuming process of going to court. Where possible we encourage clients to adopt this approach provided that we believe it will allow them to achieve the best outcome possible in their situation.
Before committing to any course of action, we provide you with a clear and objective assessment of your position and objective advice as to your options so you can make an informed decision about how best to proceed.
Our specialist, highly experienced dispute resolution solicitors can explain what mediation is and how it differs from litigation. We help you to understand the process and how agreement is reached, the timeframes and the likely costs. Mediation can be used even if legal proceedings have already begun.
Where businesses that are in dispute have an arbitration clause in the contract governing their relationship or if all parties agree to submit their dispute to arbitration, arbitration (that is, a binding determination of the matter by an individual who act as a private judge) can resolve disputes more swiftly than by way of traditional court proceedings. Arbitration also offers a completely confidential process compared to the public arena of the courts and, depending on the nature of the arbitration agreement and but quite unlike the position in the courts where judges are assigned to cases without consultation with parties, it may offer the opportunity to choose the individual who will be appointed arbitrator. This can be a substantial benefit in matters involving complex transactions in specialist industries as an arbitrator may be chosen who is already familiar with that industry.
We are proud to offer a substantial arbitration and mediation service. A specialist arbitrator and two accredited mediators are among the firm’s Partners.
Examples of our work:
Representing an Internet security provider at mediation in a dispute over whether a software company could sell products to the client’s customers after the end of a distribution agreement.
Advising a construction company in a negligence adjudication against a firm of architects, who had allegedly failed to complete work or done so negligently.
Acting for a business services company during a mediation over an agreed sale of shares in proprietary software and a counter-claim for copyright infringement.
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