Dispute resolution

“Discourage litigation.  Persuade neighbours to compromise whenever you can.  Point out to them how the nominal winner is often the real loser – in fees expenses and a waste of time.”

Abraham Lincoln, notes for a law lecture, 1st July 1850.

Abraham Lincoln’s statement illustrates that the desire for an alternative to Court-based litigation is not something new!  What is new, however, is the growing judicial pressure, which began with the Woolf reforms to the Civil Court process and now imposes a duty on the courts to encourage all parties involved in proceedings to consider alternative dispute resolution (ADR).

In most types of civil proceedings, the parties are now steered towards an early exchange of information which is designed to facilitate negotiations and, ideally, an early settlement. Over and above these ‘informal’ negotiations, parties to litigation, especially commercial litigation, have come to realise that the cost and time benefits of using more formal ADR, specifically the benefits of mediation, are a cost-effective and speedy way of resolving disputes. In consequence, there has, in recent time, been a dramatic increase in the number of cases being referred to mediation.

Mediation is not only useful in commercial disputes. Employment legislation encourages the use of mediation to resolve workplace disputes, whilst government initiatives promote mediation within the context of the breakdown of a relationship as a sensitive and speedy way to resolve issues surrounding family finances and even children. In all aspects of what was traditionally seen as the adversarial approach to the resolution of disputes ADR, and in particular mediation, has become recognised as a serious and cost-effective alternative.

At Burton & Dyson we have long recognised the benefits to our clients of exploring the possibility of utilising ADR in resolving disputes. Our trained mediator, Lisa Whitelam is accredited by one of the leading providers of mediation services in the UK.

Mediation is routinely used by our family department, and we have been involved in a number of successful mediations on behalf of commercial clients, ranging from complex multi-party mediations on company disputes and contentious probate claims to more straightforward commercial property mediations on dilapidations claims.

To find out more about how ADR may be relevant to you, please contact us.