ALTERNATIVE DISPUTES RESOLUTION

Negotiations are in essence straightforward discussions to encourage early resolution. At Birch Law we can assist with negotiations with third parties. We can draft ‘without prejudice’ correspondence, represent you during negotiations, and take the lead on negotiating the terms of settlement. We can manage the entire process for you, shouldering the burden and worry to facilitate early settlement of your dispute.

Adjudication proceedings are commonly used to resolve disputes in the construction industry. They will allow you to find a quick solution to a contractual dispute during (or after) construction work. There are however strict deadlines that must be complied with, so it is important to obtain legal advice and representation as early as possible.

Mediation is a voluntary process where the parties to a dispute come together with an independent mediator to try and resolve their issues. The mediator will attempt to facilitate settlement by providing an independent perspective. The process is both flexible and confidential. It is a good way of resolving a dispute without having to publicize commercially sensitive information and is far cheaper than formal court proceedings.

Early Neutral Evaluation is the process whereby an independent expert will make an objective assessment of the strengths and weaknesses of each side’s case. This will give you a realistic idea of how you may fare in litigation, encouraging a swift settlement before you reach that stage.

This form of alternative dispute resolution is useful when the dispute centers on a highly technical issue such as market valuation of a particular type of property. An independent expert reaches a decision on the issue and this decision will then be binding on the parties.