Arbitration & Mediation
Arbitration and other forms of dispute resolution, such as mediation and conciliation Collectively known as Alternative Dispute Resolution (ADR), are becoming much more common for all types of claims. Our managing partner, Thomas Barry, is an experienced arbitrator and a long-standing member of the Chartered Institute of Arbitrators.
We provide guidance in relation to:
An agreement of the parties to submit their disputes to arbitration is most commonly found in the form of an arbitration clause incorporated into a contract between the parties. In arbitration, an independent arbitrator will hear details of a disagreement from the parties involved, consider all the facts involved, and give a final decision on the issue.
An arbitration is very similar to a court case and solicitors are usually engaged by the parties
Because mediation is voluntary, a person cannot be required to use mediation to resolve their dispute. All of the parties must agree to use mediation to try to resolve the dispute.
Even when the parties have agreed to use mediation, it remains voluntary. The parties are free to decide at any time not to continue.
Only the parties decide if, when and how to resolve their dispute in mediation. The terms of any resolution agreement reached between the parties only becomes binding on them when set down in writing and signed by them. The Act provides that, once a settlement agreement is concluded and signed by the parties in mediation, it can be enforced like any other binding contract.
Simpler procedures – As a general rule, ADR procedures are considerably simpler and less formal than court.
Greater cost effectiveness – ADR usually serves to significantly reduce costs.
Parties may opt for ADR or they may be forced to do so by contract or by Court.
Since 1991, we have expanded and developed our practice areas. Using this experience and expertise we provide a tailored and effective service to help you reach a successful conclusion.