Arbitration & Mediation
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Our lawyers provide pragmatic and efficient dispute resolution services
We help our clients resolve commercial disputes efficiently and cost-effectively, we also provide and facilitate independent third party mediation services.
We have assisted our clients through both local and international arbitrations, we have guided them on arbitration options at the contractual negotiation stage and at the conclusion and enforcement stage, including enforcement of foreign arbitration rulings.
A properly considered approach to arbitration ensures that contracting parties proceed with confidence knowing that any uncertainty will be resolved in a fair and agreed manner and that they can rely on the application of their chosen law, this confidence is particularly important where business relationships extend across foreign jurisdictions that neither party has legal familiarity with, where appropriate parties can also choose to rely on the finality provided by the arbitration process whilst ensuring ongoing relationships with their trading partners.
Common questions we’re often asked regarding Arbitration and Mediation:
Do you need a lawyer for arbitration?
No, you do not technically need a lawyer for arbitration. It is, however, advisable to take legal advice as, depending on the complexity of the case, you might not be aware of all the issues at play. Resolving disputes can be quite adversarial in nature, and the outcome of an arbitration is binding. With this in mind, it is advisable to have a lawyer in your corner preparing and presenting your case.
Can you bring a lawyer to the actual arbitration process?
Yes, you can bring a lawyer to arbitration.
Why hire an arbitration lawyer?
With commercial or business-related disputes, you typically have two options – resolve the dispute through arbitration, or litigate the issue. The benefits of an arbitration lawyer comes down to time and cost. Arbitrations can be resolved in a matter of weeks, the same dispute might take much longer if sued in court. Depending on the matter, it might be obligatory to arbitrate rather than litigate – for example, where a contract between the parties says so.
Arbitrator vs Lawyer
In a nutshell – a lawyer may also be an arbitrator, but an arbitrator may not necessarily be a lawyer. An arbitrator could be someone appointed by mutual agreement and who is skilled and experienced in the subject matter at hand eg: an arbitrator in a building dispute could be an architect or structural engineer.
What is the process of mediation?
Mediation is a more informal, flexible method of resolving any disputes between parties. In the case of mediation, the mediator’s role would be to guide the parties toward their own resolution. This would involve facilitating dialogue, and relaying communication between the parties – from counter offers, questions, demands, proposals etc. with the goal of moving the parties closer to resolving the dispute.
What is the difference between a mediator and an attorney / lawyer?
A mediator is an independent / neutral third party who looks at things objectively and helps negotiate agreements between two disputing parties. Anattorney or lawyer on the other hand, would represent one party, with the goal of achieving the best possible settlement for the party they represent.
Who pays for mediation costs?
Generally, mediation costs are split 50/50 between the parties (or 3 ways if there are 3 parties etc.) However, during commercial disputes, one of the points of compromise is often around asking one side to pay the entire fee. Mediation costs will include the cost of the mediator, the cost of the venue and cost of representation.