Frequently Asked Questions

FAQs

Arbitration is an alternative to litigation and involves an independent third party, an arbitrator, who considers the case and makes a decision that is legally binding. The role of an arbitrator is similar to that of a judge, though the procedures can be less formal and the arbitrator will be an expert in that particular area of work. Uniquely, we also offer child focused arbitration with qualified arbitrators as well as barristers able to represent you during these proceedings.

Mediation is an informal, flexible and cost effective process which is entirely confidential and ‘without prejudice’. It has a high success rate. Where successful, it produces a settlement which both parties agree to rather than being imposed by a court, avoids the delays and emotional expense of litigation, removes the risks of litigation and it can help restore business and personal relationships that might otherwise be undermined by the tensions of litigation. It can be arranged, and concluded, quickly. Our service is convenient, flexible and economic.

Our Early Neutral Evaluation service is an entirely non-binding process whereby a specialist barrister will be jointly instructed by the parties to consider the dispute and provide their opinion as to the most likely outcome were the case to be litigated. It is often used by parties to break a deadlock at any stage of proceedings, although it is more commonly used at a relatively early stage.

The Financial Dispute Resolution (FDR) hearing, is an important second stage of financial proceedings in the Family Courts.  The purpose of the FDR is to provide an opportunity for the parties to negotiate a final financial settlement with the input and assistance of a family judge.  It is an informal hearing before a Judge where the Judge hears a summary presentation of each side’s case. The Judge will express a view about the likely outcome of the dispute to assist the parties towards settlement but does not have the power to make an order if they cannot agree.

ADR can save you the cost in Court fees and prolonged representation expenses and also save you time in ensuring your conflict is dealt with in a speedy, mutually agreeable manner. If settlement cannot be achieved then the parties are still able to pursue their case in Court.

  • Convenience
  • Good value for money
  • Faster than going to Court
  • Completely confidential
  • Flexibility
  • legally binding settlement
  • Practical solutions which Courts might not be able to offer
  • Less stressful

Commercial & Civil Mediation encompasses all disputes except family matters, including contractual disputes, property, inheritance issues etc. Family Mediation is a specialist form of mediation and aims not only to settle disputes, especially where children are concerned, but also to encourage co-operation between separated parents and to maintain nurturing relationships between, grandparents, parents and their children.

We represent individuals, businesses, families, employees and everyone in between. You can instruct us directly or via a solicitor.

Costs vary depending on what your case needs: the work required, length of time and type of ADR. Fees can be split between parties. Generally speaking, the more work involved/longer the case will take/more senior (and thus experienced) the ADR specialist the higher the cost is likely to be. Once you have contacted our clerks with more information about your case, they will be able to provide you with a more accurate quote.

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