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DISPUTE RESOLUTION

 

What can we do for you?

 

Arbitration - A platform where disputes can be settled without going to Court

 

When would you need or use Arbitration?
 
   
  • A consumer issue difference
  • A professional negligence matter
  • Non performance of whole or part of a contract
  • Non payment of a bill
  • Rectification, setting aside or cancellation of a deed
     
 


How does it work?

 

A third party neutral is appointed (agreement or otherwise) that does not take sides and makes an award based on the facts and the Law. That third party will
 

   
  • Adopt a procedure which is quicker and cheaper than the Courts
  • Tailor the procedure to the specifics of the dispute
  • Conduct it under rules agreed by the parties
  • Permit both parties to present their case in writing or if appropriate at an oral hearing
  • Allow representation
  • Listen to all the arguments
  • Make sure the playing fields are even
  • Will ensure that each party gets an equal and fair opportunity to present their case
  • Make a decision which is final and binding
  • Determine costs
     
 


That third party is an Arbitrator

 


Independent Expert -
A person who is a specialist in their field and able to give an Expert opinion

 

When would you use them?
 

   
  • Where wrong advice is given
  • When there is negligence

  • When you suffer a loss due to an action or lack of action
     

 

How does it work?

 

An individual is appointed privately or by the Courts, who will
 

   
  • Use their knowledge and experience
  • Undertakes a forensic examination of the facts

  • Asks the questions        What was meant to happen

                                       What did happen

                                       Why

                                       What were the consequences

  • Follows the factual trail and gives reasons for their opinion

  • Give advice on damages

  • Act in accordance with Part 35 CPR
  • Appear in Court as an Expert
     
 

 

That person is an Independent Expert
 

 

Mediation A process where parties to a dispute or difference meet with an individual, talk and attempt to resolve their differences

 

When would you need/use mediation?  

 

   
  • You want to continue with the business relationship
  • Common sense tells you to talk. Dialogue has dried up
  • There is concern about trade secrets
  • No one is talking except the solicitors
  • You need total confidentiality
     
 


How does it work?

 

An individual is appointed who will:
 

   
  • Listen to both sides
  • Explore areas where agreement can be reached
  • Search for common ground
  • Does not apportion blame
  • Search for a consensual agreement
     
 


That individual is a Mediator

 

 

That is what we do

Copyright  Martin DeVarga

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