RESOLVED DISPUTE SOLUTIONS LIMITED

RESOLVED DISPUTE SOLUTIONS LIMITED

RESOLVED DISPUTE SOLUTIONS LIMITED

Mediation can... identify common ground which conventional negotiation does not reach.

Lord Justice Jackson

What?

Mediation occurs when both parties agree to talk through their differences with a Mediator to help them find a win-win solution. This can be online or in person but is entirely private and the Mediator facilitates an openness to look at the bigger picture, recording whatever progress is agreed in a contract.

How?

Starting with time for both parties to talk together, the Mediator then goes from one to another separately to encourage them to consider new ways of thinking about the situation. Even if an agreement isn't reached, the process usually resolves a lot of the issues.

Who?

Anyone who wants to avoid the wait and costs of the court process and is seeking to keep control of the decisions which are made.

Parties do need to be able to share a table at some points but only basic courtesy and a desire to make things right are required

RESOLVED DISPUTE SOLUTIONS LIMITED

Our experience has taught us that with goodwill a negotiated solution can be found for even the most profound problems.

Nelson Mandela

What?

Negotiation is the process of open discussion between two parties (and/or their legal representatives) to find a compromise position which is mutually acceptable. The Negotiators actively offer solutions and work to achieve a timely resolution on behalf of one of the parties.

How?

Each party addresses the other with their positions, and ultimately any offers or concessions. Either in person, remotely or by written exchange there are few rules but the parties maintain control of the outcome throughout. Any decisions must be clear enough to be enforceable.

Who?

Those who seek speedy clarity and a binding agreement but without the structure of a mediation. Keep it small for maximum efficiency, and perhaps let your negotiators do the work on your behalf (with your full consultation) if you want to avoid stirring up the situation.

RESOLVED DISPUTE SOLUTIONS LIMITED

When two... disagree about anything... they must find a way to settle it somehow by arbitration or by negotiation, not by war or threat of war.

Bertrand Russell

What?

Arbitration gains the parties a binding decision from an independent third party without he formality or delay of the formal litigation process. Either heard in person or based on paper submissions, the control of the decision is placed in the hands of the arbitrator, so select them carefully.

How?

Representatives for each party put forward their 'best' case and an Arbitrator or Tribunal assess the merits. The decision is made and communicated to both parties privately, and the whole process is without prejudice and binding.

Who?

Anyone who would like a decision based on the worth of the case put forward, evaluated by experts in that issue.

More costly than non-adjudicative ADR, nevertheless Arbitration is more rapid than the court process and need not involve the parties themselves.

RESOLVED DISPUTE SOLUTIONS LIMITED

Which Service Do I Need?

Don't forget that for some disputes RDSL can also offer Early Neutral Evaluation. Based largely on paper submissions from both parties this can be a useful reality check giving the likely legal position of the courts should the conflict go to Litigation (but for a fraction of the cost). Contact Rebecca to see if your situation would be best suited to this process.

Mediation

• Client centred process
• Allows 'out of the box' solutions
• Less preparation for Client
• Can be conducted without Lawyers
• Aim for win-win rather than one-sided victory

• Narrows down issues even if litigation is still required
• Reality Check
• Quicker
• Flexible

• Private Discussion
  
• Choice of Mediator/ Arbitrator
  
• Confidential Result

Arbitration

• Adjudicative (decision made for parties)
• Often based on written submissions
• Less procedural flexibility
• Binding Award/Finding
• Uncertainty of Outcome
• Higher Fees than other ADR
  

• Cost Effective
• Subject to failure if parties are entrenched or unrealistic
  
• Complete Client control of outcome
  
• Not necessarily governed by set procedure
  

• Assessment of case merits

RESOLVED DISPUTE SOLUTIONS LIMITED

RESOLVED DISPUTE SOLUTIONS LIMITED

RESOLVED DISPUTE SOLUTIONS LIMITED