Resolve A Dispute Resolution Swiftly With The Aid Of A Solicitor

By Author: Grant Saw Solicitors LLP
Total Articles: 22
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While it is natural for disputes to take place between businesses and people, in some situations, there is a need to involve the services of a solicitor to find a resolution. If anyone finds themselves caught in an unagreeable situation that will result in legal complications, it is advisable to seek a solicitor to help with dispute resolution.

A dispute resolution is a mutually agreed-upon process where disagreements over an interpretation, application, or breach of a trade agreement can be resolved between two or more parties. The solicitor will help their client to find clarity with the other parties on what action to take in the event of a dispute.

The solicitor can assist with the dispute resolution process without potentially having to take the matter to court. Business owners should familiarise themselves with the methods of dispute resolution should they become involved in a disagreement either within the business or with a third party.

There are four types of dispute resolution processes, and the solicitor will advise their client of the negotiation starting point. All parties should find a common ...
... ground that will serve to prevent the dispute from continuing. The dispute could revolve around employment internal grievances or director responsibilities, interim injunctions, or disputes with third parties such as trading partners and investors.

The differences in the dispute could be too expansive and the negotiation process fails. Should this be the case, with the help of the solicitor, the parties in dispute will meet with an independent party who will act as a mediator. They will be impartial to the situation, listen to all sides of the dispute, and try to help find a resolution between all parties. It is not a formal process and disputes can be easily dealt with where all parties are satisfied with the resolution. This is where a settlement agreement is drafted detailing the parties' agreed-upon resolution.

If the parties are not satisfied with the outcome of the mediation process the matter will move forward to a formal legal process of Arbitration. All parties will provide evidence and share information with an independent arbitrator who will decide about the dispute after being presented with the dispute.

Arbitration decisions are legally binding and can be enforced as they would for court judgments. This type of dispute resolution allows the parties to play a part in the process. It is flexible with no court-imposed deadlines. If this method fails, the only option is for the matter will be taken to litigation court.

The solicitor will provide expert advice on the best approach to the litigation process to help solve the dispute. Experienced solicitors in dispute resolution will handle the court proceedings and manage the documentation. Litigation is the last resort and most costly way to find a dispute resolution. All parties will need to have expert legal advice before they proceed with the litigation process.

Before entering into a contract, it would be a good idea to add a dispute resolution clause in the terms to specify what process to follow in the event of a future dispute and to avoid arbitration and litigation processes. A dispute clause can be a contractual or non-contractual dispute between parties.

Should there be a dispute between parties a resolution can be agreed upon without the need of a mediator or an arbitrator. Dispute resolution allows all parties to engage with one another to find a suitable and agreeable solution.

There are two other methods of dispute resolution where the parties can agree. A neutral third party reviews the details of the dispute, decides, and issues a Notice of Adjudication. This process can be started by any party involved and can appoint an Adjudicator or arrange the process for one to be appointed.

It may be the best course of action to enter into a consensual dispute resolution, which does not involve an independent party. The parties involved will come to a settlement agreement after everyone has had the chance to put forward their argument and everyone will agree on a solution.

About us:

Grant Saw Solicitors in London were established in 1851 with offices in Greenwich and Blackheath, offering a variety of legal services to individuals and businesses. They received recognition for excellence in industry standards and are proud owners of numerous awards and accreditations. Practice Management Lexcel, Conveyancing Quality Scheme (CQS), the family law accreditation and Wills and Inheritance Quality Scheme (WIQS). In 2013, they received the global ISO 9001 recognising a standard given to firms that determine high excellence. As members of Lawn, a national network of law firms, they provide advice, ideas, and resources. With their friendly and modern approach combined with traditional excellence, they provide superior services to their clients. Full details can be found at https://grantsaw.com.