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Resolve your disputes through alternative resolution and avoid court, says Holbeach and Long Sutton solicitors

With the courts battling through the backlog caused by the Covid-19 pandemic, it’s a good time to consider resolving your civil disputes by means of alternative dispute resolution (ADR).

Methods such a mediation, conciliation, arbitration and negotiation are options to consider.

Mediation involves two parties setting out their side of the discord with supporting documents, e.g. a contract in dispute, which are then sent to a trained mediator.

Mossop & Bowser solicitors (47485876)
Mossop & Bowser solicitors (47485876)

A confidential meeting will be held where the mediator will shuttle between parties, presenting views from each side, trying to narrow the issues in dispute until, hopefully, an agreement can be reached.

Conciliation is similar, however a conciliator can also propose compromises and agreements. Conciliation is used in disputes between trade unions and employers.

Mediation and conciliation is likely to be much cheaper, informal and faster that court hearings, while the agreement is still legally binding and the parties have more of an opportunity to contribute to the contents of any agreement.

Arbitration is a further method of ADR, where arguments from both sides of the dispute are submitted to an independent arbitrator who will make a final decision. Arbitration is often used to resolve matters surrounding accounting and commercial disputes, and conflicts regarding construction. Again, arbitration is likely to be quicker and cheaper than court.

Negotiation is a form of ADR also and is very helpful to either narrow down areas of dispute between the parties or reach an agreement so court proceedings are not necessary. Negotiation is generally an efficient use of time, inexpensive and again much quicker than disputes proceeding all the way to court.

If you have a dispute but want to avoid court, call Mossop & Bowser on 01406 422651 and ask to speak to Gemma Clarke or email info@mossops.co.uk

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