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What are the Main Types of Alternative Dispute Resolution?

June 10, 2021 by bemysocial

dispute resolution banner inheritance dispute

Here at Van Eaton Solicitors in Streatham, we will always work to ensure that your case stays out of court if possible. The process involved can be laborious and costly, not to mention emotionally draining. If you find yourself involved in a case such as an inheritance dispute, construction law issue or probate claim, keeping the case out of court is ideal, although not always possible. A lot will depend upon the willingness of the parties to settle rather than litigate. This, in turn, depends on the nature of the parties involved. It should be noted that the Courts much prefer that parties mediate a solution rather than litigate.

Our civil litigation solicitors can help you gather the relevant evidence needed for a civil case. Our probate specialists can organise your alternative dispute resolution session or negotiations (a round table meeting) and provide support. If you’re in need of crucial legal advice, but don’t want to venture to court, read our latest article below.

 

Mediation

In divorce cases, mediation involves a third-party individual helping two opposing parties air their differences to reach a joint agreement of their own. The mediator and legal representatives of the parties do not reach the agreement for either party; they guide the parties in a direction that suits all involved and attempt to manage the expectations and the legal points in favour/or against each party. They may also diffuse hostility and focus on the key issues at hand. Courts sometimes order that opposing parties attend mediation before court to see if an agreement can be reached that way.

Mediation is one of the most desirable forms of alternative dispute resolution and is very effective in many civil cases. Whether you’re looking for probate services to solve an inheritance dispute or embroiled in a commercial property dispute, our solicitors in Streatham Hill, are here to help.

 

Arbitration

A neutral third party appointed to resolve disputes; an arbitrator, will normally be chosen by the parties themselves. They will be a specialist in the nature of the dispute and will hear from both parties before making their decision; much like a judge. They can either be a single arbitrator or a panel. Their decisions are binding and can be enforced by a court.

Our divorce, construction and probate solicitors in Streatham can assist you in gathering evidence for these arbitrations and can support you throughout. To find out more about our services, please visit us here.

 

Negotiation

This is the first port of call when it comes to dispute resolution, simply because it’s the most pain-free option. This is negotiation between the parties without recourse to lawyers.  However, in cases where there is an inheritance dispute or a divorce involving children or assets, a decision may not be as easy to reach. This is when or both parties will seek legal advice.

Here at Van Eaton solicitors, we understand how challenging a legal case can be. We will always recommend alternative dispute resolution and support you throughout the process by providing expert legal advice. If you would like to arrange a free consultation, please fill out our online form here. Alternatively, give us a call on 0208 769 6739.

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