Call Us Email Us
Dispute Banner

Dispute Resolution & Litigation

All types of disputes regularly arise between people and there are many different ways of resolving civil disputes. Going to court is often seen as the last resort. Round table negotiation, mediation, conciliation, and other alternative dispute resolution methods are growing in popularity for resolving civil disputes and certainly, they have many advantages for the parties. These processes are generally quicker and cheaper and may provide more flexible solutions than what might otherwise be ordered by a court.

If you have an unresolved conflict, whether it is the result of deadlocked negotiations or disagreement about money or something else, then familiarising yourself with your dispute resolution options and the litigation process will help you to make the best choices. Our lawyers will be happy to support you through litigation or an alternative process. We can help with a range of disputes, such as those arising between:

  • landlords and tenants
  • neighbours
  • customers and suppliers
  • business partners
  • homeowners and builders
  • buyers and sellers of property
  • estates, beneficiaries, executors
  • creditors and debtors

What is mediation?

Mediation is an informal dispute resolution process. Because it does not need to follow court procedure, the process is much more flexible, and it can lead to a quicker resolution of your dispute than litigation. A trained, neutral mediator assists the parties towards a negotiated agreement. Both parties are encouraged to participate in the decision-making and propose workable solutions that will allow each party to move forward. The negotiations are conducted voluntarily and confidentially. This means either party is free to walk away from the process at any time. Any settlement reached can be made legally binding if it is put into writing and signed by both parties.

Mediation can be used for all types of civil disputes across all sectors. It should be noted that the settlement reached may be a compromise solution rather than your legal right and if made legally binding will prevent you from litigating the same dispute at a future point.

Litigation

Civil litigation is the process of resolving a dispute between members of a community through the court system. Civil law grants rights to individuals to sue for compensation or for specific action in matters such as breach of contract, defamation, and negligence.

When the issue in dispute is complex, not particularly time sensitive, or involves a lot of money, litigation can seem like the best option. An impartial judge will decide the matter based on the evidence presented according to the law and legal precedent and one party will win the case, while the other loses. The final judgement is a clear and public outcome, which effectively draws a line in the sand. Often however, litigation requires giving evidence or being cross-examined in court, which requires you to disclose business, or personal information or contacts. It may also mean the end of the relationship you had with the other party.

How do I choose whether to mediate or litigate?

Deciding which course of action will be best to resolve your particular civil dispute will depend on the facts and the relationship you have with the other party. A specialised lawyer can help you to understand the likely outcome of each route.

Different types of legal cases have different time limitations imposed so it is important to seek legal advice quickly to find out if you can commence legal proceedings.

If you need assistance, contact [email protected] or call 01289 306724 for expert legal advice.