Clients’ needs in resolving their disputes are varied. It can involve basic advice on the merits of their case, the legal and costs implications if a settlement is not reached and identifying the levers they may have against their opposite number, prior to meeting with them. A dispute may be referred to ADR (alternative dispute resolution) by the Court or where the parties operate in a sector which is mandated by statute or by membership of a trade association to use ADR. The intention of the parties has to be that they will meet to try and reach a compromise.
Such meetings are commonly before an experienced conciliator where we can assist our Clients by presenting their case to the adjudicator for a decision or we can conduct negotiations through a mediator. Whilst ADR is without prejudice to Court proceedings, they are no less important if a compromise is to be reached, and litigation costs avoided.