Dispute are inevitably costly and time consuming, which may also damage relationships. We work closely with your inconjunction with the support of with our international and local lawyer partnerships to understand your objectives and identify the best commercial strategy to suit your business requirements.
We have been involved with and assist in;
- Mediation
- Adjudication
- Dispute Boards & Contract Adjudication
- Arbitration
- Litigation
Traditionally, the resolution of disputes took place through the courts. This is a formal process which generally involves lengthy pleadings, full disclosures of documents, Witness Statements and Expert Reports followed by the hearing itself.
However, more recently the industry has witnessed an enormous growth in Alternative Dispute Resolution (ADR) such as Mediation, Adjudication, Dispute Resolution Boards and Arbitration. However, Litigation is not ruled out and remains a last resort option.
There are several reasons that ADR techniques were (and still are) found to be attractive:
- Speed: Court lists had become extremely long often taking in excess of two years to get a matter before a judge
- Lower Costs: Litigation is not only time consuming but also costly
- Confidentiality: Litigation is in the public domain meaning that there is the risk of bad publicity. ADR, on the other hand, is a private process and therefore confidential
- Flexibility: This predominantly applies to Mediation. Whereas Litigation, Arbitration and Adjudication are based on Rights and Obligations, a mediated settlement focuses on the parties’ interests to search for a commercial solution which meets with both parties’ requirements.
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northcroft
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