Dispute Resolution & Mediation
The clichéd response to a legal wrong is to say “see you in court!” However, few people actually want to go to court. Litigation can be lengthy, expensive and stressful. In a great many cases, both parties can lose out as a result of solicitors’ fees, delays and the time cost to their business.
Nowadays, there are ways to reach a swift, amicable resolution. The rise of mediation, arbitration and other types of ‘alternative dispute resolution’ (ADR) means that parties to a dispute can choose to air their grievances in other ways than in court. Joanne Lezemore is an accredited mediator and can assist you in resolving your dispute, no matter how complex.
As the name suggests, a mediator is an intermediary – not a judge. The mediator is neutral, and is present to help broker a settlement. A mediator works with both parties to find a mutually agreeable solution. Decisions reached through mediation are not binding and, as such, can be altered at a later stage if you are not happy with the initial agreement.
Other forms of dispute resolution include:
Negotiation – This is often overlooked, especially if the dispute is acrimonious. In reality, this can be a valuable way of resolving disputes at a very early stage. Most negotiations take place on a ‘without prejudice’ basis, meaning that the content of the discussions (including any offers made) cannot be relied on by the other side in court.
Arbitration – Unlike other forms of ADR, decisions reached at Arbitration are binding on the parties. In some cases, this is the parties’ preferred means of resolving disputes. While it can be more expensive than mediation, it is often less expensive than litigation. Arbitration proceedings are overseen by a trained arbitrator. Normally this is an individual with a background in the field in which the dispute has arisen.
The arbitrator acts in a similar way to a judge. The arbitrator makes a decision based on the evidence led by the parties. The fact that they are usually an expert in the field makes arbitration useful if the issue at hand relates to a niche type of agreement or contract.
Contact J L Lezemore Solicitors covering Hertfordshire and Essex
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