Disputes are inevitable, in both personal and business scenarios. And when they arise, you need effective and practical solutions, which is where expert litigators come in. There are various dispute resolution options available to you providing quick and cost-effective solutions, avoiding the costly and time-consuming legal proceedings associated with attending court.
It may surprise you to learn that only 3% of cases actually see the inside of a courtroom, the majority are resolved outside of court.
How to settle a dispute without going to court
There are many benefits to resolving disputes outside of court. The most obvious will be costs associated with avoiding court, solicitor, and barrister charges. Moreover, with an average wait of 80 weeks for a trial, you can move on with your life quicker when you resolve matters without recourse to the court, especially as outcomes of trials can often be uncertain. It is not a well-known fact that many court and tribunal hearings usually take place in public, which can add an extra element of pressure on top of an already stressful situation. All this in mind, it is important to consider the alternative options available before taking a dispute to court.
Dispute Resolution options
We always encourage our clients to consider Alternative Dispute Resolution (ADR). With options like Mediation, Arbitration, Expert Determination, and Early Neutral Evaluation all proven to resolve disputes more efficiently, it’s well worth trying an alternative before deciding on court proceedings. Indeed one of the questions asked as part of proceedings includes reference to whether the parties have explored ADR.
Choosing between different ADR methods depends on the specifics of the case and the parties’ preferences.
What is Arbitration?
Arbitration is suitable for more complex legal issues or disputes where evidence is less straightforward. You will work with one or more arbitrators, who will make a binding decision for you once the dispute has been submitted.
What is Expert Determination?
Expert Determination is often chosen for disputes requiring technical expertise or a valuation to be determined and is generally quicker and less expensive than Arbitration. Like Arbitration, Expert Determination is legally binding.
What is Mediation?
Mediation is a private process, unlike with court proceedings, and can be seen as one of the gentler approaches if you’re hoping to reach an amicable outcome. With mediation, the parties maintain control over the outcome, as the mediator does not make binding decisions. However, parties can reach agreements as part of the mediation process which can be binding.
What is Early Neutral Evaluation?
Early neutral evaluation is similar to mediation, where the parties involved invite a neutral third party to provide an opinion, unlike mediation where the third party helps guide you to your own solution. The third party is often a retired judge, a lawyer, or an expert in the specific field. The evaluation reached is non-binding, which means the parties are not obligated to accept it, but it is designed to give a clear mutual understanding between the two parties, and help to facilitate more informed decisions, to resolve the issue without the need for prolonged litigation as if nothing else it assists parties on determining the points of dispute between them.
With all types of disputes, focussing on identifying the best route forward can keep costs down and help reach a resolution as quickly and efficiently as possible.
However, dealing with disputes can be a stressful experience and clients can find it difficult to decide how to proceed. At Scott Bailey, our expert litigators will always be on hand to guide you, providing reliable legal advice on the most suitable option for your case.
If you find yourself in the midst of a dispute and you are unsure how you should proceed, or what your options are, reach out to us today. Our team of highly skilled litigation solicitors are here to listen and will provide you with the tailored and sensible solutions to resolve your dispute as quickly and cost-effectively as possible.
