Dispute Resolution

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Dispute Resolution Solicitors

When a disagreement arises, it can quickly consume time, money and attention. Court proceedings may sometimes be necessary, but in many cases there is another route. Alternative Dispute Resolution (ADR) provides a range of ways to resolve disagreements without relying on a full court hearing.

At Bridge McFarland, our alternative dispute resolution solicitors help individuals and businesses assess their options, protect their position and work towards a practical resolution.

Whether a dispute is already underway or you are looking for advice before taking formal action, we can help you decide which approach is appropriate for your circumstances.

What is Alternative Dispute Resolution?

Alternative Dispute Resolution is a collective term for methods of resolving disputes outside the traditional court process.

Depending on the circumstances, ADR can offer greater flexibility and privacy while giving the parties more control over how their disagreement is handled.

Common forms of ADR include:

Negotiation

Direct negotiations between the parties, usually conducted with the support of their solicitors, can sometimes resolve a dispute before more formal proceedings become necessary.

Mediation

An independent mediator helps the parties explore their differences and identify whether an agreed solution can be reached. The mediator does not normally impose a decision; the parties retain control over whether they settle and on what terms.

Arbitration

The parties refer their dispute to an independent arbitrator who considers the evidence and reaches a decision. Arbitration can provide a more private and flexible alternative to conventional litigation.

Expert determination

Where a disagreement centres on a specialist or technical issue, the parties may agree to appoint an independent expert to determine the matter.

The right process will depend on the nature of the dispute, the relationship between the parties, the sums or issues involved and what you ultimately want to achieve.

Why consider ADR?

Winning a dispute is not always simply a question of obtaining a judgment.

For a business, preserving an important commercial relationship may matter. For an individual, bringing a stressful disagreement to an end may be the priority. In other circumstances, confidentiality, speed or controlling legal costs may be particularly important.

ADR can provide opportunities to find solutions that conventional litigation may not offer.

Potential advantages can include reduced legal costs, greater confidentiality, more flexible outcomes and an opportunity to resolve matters sooner. It can also allow parties to preserve working, commercial or personal relationships that might otherwise be damaged by prolonged litigation.

ADR is not appropriate for every dispute. Our role is to help you understand both its advantages and its limitations before deciding how to proceed.

Resolving disputes at an early stage

Seeking advice early can make a significant difference.

A dispute that initially appears straightforward can become considerably harder to resolve once positions become entrenched, correspondence escalates or proceedings begin.

Early legal advice can help identify the issues that genuinely matter, preserve relevant evidence, clarify your legal position and open constructive discussions before unnecessary costs are incurred.

If you believe a dispute may be developing, you do not necessarily need to wait for the other party to take formal action.

What if ADR does not resolve the dispute?

Choosing ADR does not mean avoiding decisive action.

Sometimes negotiation or mediation will not produce an acceptable result. There may also be disputes where urgent court intervention is required or where litigation is the most appropriate course from the outset.

Our dispute resolution solicitors can advise you on the available options and, where necessary, represent you through court proceedings.

This means your strategy can be shaped around the dispute itself rather than being committed to one method of resolution from the beginning.

A practical approach to resolving disputes

A good outcome is one that works beyond the legal paperwork.

At Bridge McFarland, we combine legal analysis with a practical understanding of what is at stake. We will take the time to understand your objectives, explain your options clearly and help you make informed decisions at each stage.

Our focus is on resolving disputes proportionately and effectively while protecting your interests.

Experts in Alternative Dispute Resolution

If you are involved in a dispute, or believe one may be developing, getting advice at an early stage can help you understand your position and the options available.

Speak to Bridge McFarland’s dispute resolution team about negotiation, mediation, arbitration and other forms of Alternative Dispute Resolution.

Call 0800 987 8800 or email enquiries@bridgemcfarland.co.uk to arrange a conversation with our Dispute Resolution team. For Family Alternative Dispute Resolution, please contact our Family Law team.

Dispute Resolution Frequently Asked Questions

This is often a concern for sellers when providing potential purchasers with sensitive information about their business. Any prospective purchaser will need to see information about your business so as to make an informed decision as to whether to proceed and at what price.

However, you need to ensure that the purchaser cannot walk away from the deal and use the information you have provided for their own benefit. You can therefore enter into a “confidentiality agreement” or “non-disclosure” agreement with the purchaser. These documents contain details of what information will be regarded as “confidential” and to whom it can be disclosed (for instance, professional advisors). They will also deal with what happens if the purchaser breaches your confidentiality.

Usually each party to a dispute pays his or her own legal costs. The general rule is that the losing party in litigation is ordered to pay the successful party’s legal costs as well as having to bear their own.

If the value of the dispute is less than £10,000.00 the Court will not usually order the losing party to pay the successful party’s costs and for that reason it will not usually be economically viable to instruct Solicitors in cases where the value of the dispute is £10,000.00 or less. Some claims can be funded on a Conditional Fee basis (sometimes known as a “no win, no fee” agreement) by virtue of which the lawyers concerned will only be paid if the claim succeeds. Often when litigation is funded in this way insurance will also be taken out against the risk that the claim will fail and the Claimant will have to pay the other side’s costs. We are authorised by one of the Country’s leading litigation insurers to issue insurance policies of this kind.

Generally speaking alternative dispute resolution (or ADR) refers to methods of attempting to resolve a dispute without recourse to formal proceedings. The most straightforward method of ADR is by negotiation.

If that fails parties to a dispute will often agree to attend a mediation hearing – indeed the Courts have made it very clear that in most cases parties are expected to do so. The Mediator has no power to enforce any kind of resolution on the parties but will facilitate a compromise where at all possible. Mediation is very often an expeditious and cost effective way to resolve a dispute.

ADR also refers to various other, more formal, ways of resolving disputes such as adjudication (often used in building disputes), early expert determination or arbitration.

Generally speaking people or companies are regarded as being insolvent when they cannot meet their liabilities. An individual in this position may be made bankrupt whereas a company in this position may be liquidated (or wound up).

In both cases the assets and liabilities of the insolvent company or individual are dealt with by an Insolvency Practitioner – typically an Accountant or Solicitor experienced in insolvency matters who holds a certificate entitling them to practice in this area and to be appointed as Trustees in Bankruptcy or Liquidators. We work closely with many local Insolvency Practitioners and have very significant experience of insolvency law and practice.

There are alternatives to bankruptcy and liquidation which include Voluntary Arrangements with creditors (which can apply to both individuals and companies) and Administration Orders (which apply to companies only and which seek to rescue a business).

It is essential to seek expert advice as soon as the prospect of insolvency arises (particularly the insolvency of a company) as failure to do so can have serious consequences for the individuals concerned where, for example, liabilities continue to be incurred.