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Dispute Resolution as the management of formal ADR processes that parties may choose to follow in resolution of a dispute.
All too frequently a difference of opinion between two contracting parties can escalate into a dispute that is submitted to a formal dispute resolution process, be it Conciliation, DAB, Adjudication, Arbitration or Litigation. Such processes can be daunting for the uninitiated but can also become protracted and disruptive to day-to-day business operations and ultimately expensive for all concerned.
Our team has been involved with many formal dispute resolution processes at all levels and has significant knowledge and experience of the pitfalls such processes can have. We can help you with:
We can help to diffuse the personal aspects of a dispute thereby avoiding the escalation of the difference into a full-blown and formal dispute We can help to place objective assessments of the possible outcomes of any dispute process. We can help you to balance the assessment of the cost of a settlement now against the risk of possible future costs and future settlement or judgement, given the nature of the dispute at hand and type of tribunal engaged. Where settlement is required, we can assist with orchestrating neutral forums and providing input into securing the best settlement possible.
Where a dispute heads down a more formal route, we can provide objective case management. We can provide guidance, advice and control of the dispute process with understanding and compliance with timetables and instructions from the Tribunal as well as mobilising and control of resources.
Dispute Resolution Strategy
Whether you are defending or prosecuting a dispute, we can help you to formulate your optimum strategy. While you may be emotionally involved with the matters, we can objectively review and report upon the matter in dispute using our extensive expertise and experience to enable you to make informed decisions. At all times, any case needs to be reviewed against the cost of settlement now, costs incurred, future costs and the probability of eventually securing a favourable decision by the Tribunal.
We can provide help and assistance with the drafting of pleadings, Statements of Case, position statements and other documents required by the Tribunal. In particular, we can help to analyse and process your evidence and records to help you to present the best case possible.
In addition to the draftng of pleadings, we can also assist with the other aspects of tribunal document procedures. Such procedures could include:
Management of the Discovery process
Formulation of Scott Schedules and other documentation
Capturing evidence and the drafting of witness statements
Compilation of trial bundles and other documents for the tribunal
Depending on the dispute-resolution process chosen, we can provide Client Representation. Where you don’t feel strong in making your case, we can make it for you.
Where required, we assst with the drafting of instructions to Counsel and Experts.