Litigation may not always meet clients’ demands on resolving disputes, for such cases other methods are used for peaceful settlement.
In a world of ever-changing and competitive business conditions more often arises a necessity to resolve disputes in out-of-court to keep the case confidential, to avoid strict deadlines and to save spotless reputation. Alternative Dispute Resolution is an adequate option for businessmen.
IQ Decision lawyers are constantly scaling up their skills to deal with dispute resolutions across the UK, US and Asia and develop the cutting-edge offers to suggest the best for clients and support them from local to international level.
Pros of litigation
Commercial Courts usually provide a faster commercial dispute resolution due to their efficient procedures’ management and general significance of their decisions.
Mediation is an out-of-court dispute resolution method of the negotiations between the parties on their dispute moderated by a neutral mediator in face-to-face session. Its advantages are reflected in a flexibility of deadlines, informality court and a mutual consent of both parties to achieve the resolution.
Mediation method may be used or considered whenever it may be needed during the commercial dispute process both in the hall of justice or in other legal argument.
Choose you approach to dispute resolution
Litigation may be useful if you want to resolve any dispute through judgement. Depending on the faction you may recourse to the Commercial Court of the Court of Session or, the Commercial Court at a local Sheriff Court.
Commercial disputes concerning business relationship will be thoroughly supervised by the judge in court. It implies more terms flexibility and comprehension in decision-making process.
Mediation method may be used or considered whenever it may be needed during the commercial dispute process both at the hall of justice or in other legal argument.
Mediation is aimed at meeting three main demands of client — result, deadlines, finances. It is a profitable option in over 85 percent of the cases.
Expert determination provides involving a high-level expert into dispute to expertize the case and further the resolution.
It is mostly limited to a technical of financial assessment of disputes. But yet it is possible to determine more general aspects of the dispute.
Despite the fact that an expert’s determination is an option with limited opportunities, it often leads to a fast resolution of dispute within several months.
Adjudication is a dispute resolving method, which provides binding decision mainly for cases on construction industry with a 28-day period before resolution. The decision can be revoked by arbitration, litigation of further parties’ agreement.
Adjudication is focused on a temporal resolution of dispute in order to provide the completion of current project. The main dispute will be resolved afterwards. Before using it at any dispute you should mind the difficulties in making a comprehensive resolution within 28 days such as a massive amount of witnesses needed.
It provides a quick 28-day resolution along with flexible terms and possibility to add materials that may be needed for resolving the further disputes. Then you can hire a lawyer for the second adjudication to make a financial assessment for entitlement.
Arbitration is a similar to a judicial decision process which involves a neutral arbitrator supervision to make a decision on the case. The arbitrator is appointed under consent of parties.
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Arbitration is a beneficial option for those who want to keep their business relationship confidential and avoid disputing in unfamiliar environment and jurisdiction and also believe that they can reach resolution without recourse.
Benefits of arbitration
Parties can choose an arbitrator, set up the amount of acceptable costs, including arbitrator’s award against the unsuccessful party, and hold a determination expertise on the issue. It is a confidential and provides no strict deadlines. Arbitrator’s decision cannot be recourse to the Supreme Court and is weakly influenced by court in general.
Arbitrary decisions have force inside and even more outside of the UK and the US countries, which is an evident benefit.
There is no option in dispute resolution that would meet any circumstances.
The best resolution method is always individual and sometimes may even be a combination of aforementioned forms.
We will be glad to consult you on any of the dispute resolutions whenever it is needed in a process or before the dispute starts.