Frequently Asked Questions
Here are a just a few of the questions we have dealt with recently, but of course feel free to contact us to discuss your own concerns.
Is there an alternative to going to Court?Going to Court is not the only way to resolve a dispute. There are several alternatives to Court proceedings which may produce the solution you want, sometimes at less cost. These alternative dispute resolution procedures include arbitration, adjudication and mediation. |
What is mediation?The presence of a Mediator is the key distinguishing feature of the process. A third party, the Mediator, assists the disputing parties to negotiate their own settlement. The Mediator will discuss the case and try to find potential settlement grounds with each party separately and in confidence. A Mediator will then on the parties instructions try and negotiate a settlement. If a settlement is reached an Agreement is drawn up and signed by the parties. |
What is adjudication?Adjudication involves an independent third party - the Adjudicator - considering the claims of both sides and making a decision. This is usually done on paper. Both sides send in written details of their argument, with copies of any letters, reports or other evidence. The Adjudicator then makes a decision based on this information, and on what is generally considered to be good practice in the business concerned. The Adjudicator is usually an expert in the subject matter in dispute. |
What is arbitration?This is a settlement technique in which a third party Arbitrator reviews the case and imposes a decision that is legally binding for both sides. |
Is there a time limit for issuing court proceedings?The law prescribes fixed periods of time for issuing various types of proceedings. The basic rule is that the claimant has six years to commence proceedings from the date when the cause of action occurred. |