Alternative Dispute Resolution

WHO DO WE HELP?

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Whether you are a limited company, partnership, trustee/beneficiary, in the midst of an employment dispute, relationship property dispute, considering serving a claim or are being sued, some form of ADR is almost always recommended. Indeed, ADR is now mandatory before most types of civil claims can proceed to court.

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Our Partners assist with all types of disputes, of widely varying values (thus far up to £300m) and can determine the application of clauses of contracts, partnerships, and trusts deeds as well as the application of statutes and calculation of loss and damages. We are accredited by the Society of Mediators and the Chartered Institute of Arbitrators, often acting as arbitrators or mediators, or representing clients in these proceedings.

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As subject matter experts we can use our knowledge to not only mediate but to expertly determine the dispute or to provide an indication of whom the court might find in favour of. Our head of ADR is Barrister Jacob Meagher who practices at the Bars of England & Wales, Ireland (EU), New Zealand, and Australia (as a principal), and is a subject matter expert in Trusts & Estates (TEP), as well as being Chartered in Banking, Finance, Management, and Securities (Ch MCBI, Ch ALIBF, Ch FCMI, Ch MCSI), and an expert in corporate governance (FGP).

 

Dispute resolution can happen in person or online, and it pays to choose your ADR professional wisely, having interpersonal skills, as well as a wide range of commercial and litigation experience, brings perspective. Sometimes it takes an impartial third party to give their view to allow everyone to get on with their business and their lives. At Aria Grace Law we do this in an ethical way and always confidentially.

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DIFFERENT TYPES OF ADR

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We are often approached by people wanting help to resolve their disputes or referred by colleagues from the bar or other firms, sometimes you may have a firm idea of what type of ADR you need, other times we can assist by guiding you to the best process to resolve your impasse.

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• Mediation

  • ​Involves the parties coming together before an independent mediator who facilitates the resolution of the dispute. In some types of mediation, the mediator may offer no opinion as to the merits, and in other types, the mediator may be more probing. Mediation can take place in person or online and can involve the parties and their representatives or the parties alone. It is the parties themselves who create their remedy.

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• Arbitration​

  • ​A more formalised process with written submissions and an appointed Arbitrator (acting as a Judge). Governed by the Arbitration Act 1996, and very useful if there is a technical or legal element to the dispute which may have ended up in court or requires technical analysis. Many contracts contain an arbitration clause as a means to resolving the dispute, and our partners are experienced in representing clients before arbitration panels, and sitting as arbitrators.

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• Expert Determination​

  • ​Less formal than arbitration, the parties agree that an independent expert will make a binding ruling to resolve the dispute. This can be very cost effective and an efficient way of achieving a resolution.

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• Early Neutral Evaluation​

  • ​An independent expert (an Evaluator) evaluates the merits of the dispute and each party’s case and provides an assessment as to the merits of the case i.e. what would likely happen if they proceeded to court. Parties can find this very useful as a means to reaching a settlement and resolving their differences.

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