Litigation is probably the most widely recognised dispute resolution procedure.
It involves taking legal action in a Court to determine or enforce a party’s rights. There are several divisions of the High Court and over 200 County Court centres which can determine a wide range of disputes, but certain types of dispute may only be determined by specialised courts. These include employment-related disputes which may only be determined by an Employment Tribunal.
There are many branches of the law which may result in litigation from property, commercial and business disputes, to probate and employment disputes, but the process of litigation is a speciality in itself. That’s why having your case dealt with by a specialist firm of litigators offers you an advantage, whether you are issuing or defending proceedings.
If you have a legal dispute that you are unable to resolve, let us know as soon as possible, and we will act on your behalf for any court proceeds.
Alternative Dispute Resolution (ADR) falls into three main categories:
The courts actively encourage parties in litigation disputes to consider alternative means of settling cases without going through the expense and uncertainty of court proceedings. At SBP Law, we will help to resolve a dispute through dialogue between both parties.
In many cases, a resolution can be reached through mediation at a fraction of the cost and time of pursuing a dispute through litigation. As well as these benefits, mediation can also be less stressful and provides a more flexible alternative to going through the courts.
Running alongside our other legal services, mediation helps ensure our clients get the best possible outcome from their dispute allowing them to move on with their lives.
As an alternative to commercial litigation in the High Court, arbitration clauses are often included in commercial contracts, recording the parties’ agreement to resolve disputes via arbitration. We have experience in reviewing these clauses to ascertain their enforceability and to establish which arbitral jurisdiction is engaged. Where there is no contractual requirement to arbitrate, we work with clients to assess whether arbitration would provide a more efficient, cost-effective or commercially attractive solution to address their dispute than high court litigation.
To enable our clients to plan ahead and assess the cost/benefit position at every stage of proceedings, as in High Court litigation, we ensure a costs budget is prepared at the outset of the arbitration and regularly updated.
Adjudication is a fast method of resolving disputes and getting an order for someone to make payment or a decision on the parties’ rights. It takes between 35 and 49 days and can take longer but only by agreement.