We can assist you with all of your contentious needs including negotiation, mediation arbitration, adjudication and litigation. The work will be undertaken by an ex-City lawyer but without the City rates.

Negotiation
This is often overlooked, but instructing a solicitor to negotiate a deal or settlement on your behalf should result in you getting a better deal. The other party will take your position more seriously when you have instructed a professional to represent your interest. As well as our commercial awareness we also know the law.

Mediation
This is a consensual and contractual process where the parties agree to meet with a view to reaching a settlement. The process is overseen by a mediator who is generally (but not always) a lawyer. The parties and mediator start together in one room where each party has the opportunity to present its case. The parties then adjourn to separate rooms and the mediator ferries from room to room with a view to bringing the parties closer together and hopefully securing a settlement. This is a necessity when parties have become entrenched. Anything said to the mediator is confidential unless a party gives him permission to reveal it to the opposition. A good mediator will quickly identify the weaknesses of any position and stress them to the party concerned. If settlement can be agreed, the settlement agreement will customarily be drawn up at the end of the mediation. It must be stressed that mediation is a consensual process. As such the parties should come to it with an open mind. The benefit of mediation is that it can provide a quicker and thus cheaper solution to litigating a matter through the courts.

Arbitration
This jurisdiction generally arises out of a contractual agreement. For example, a commercial contract may provide that the parties must submit any dispute to arbitration rather than the jurisdiction of the courts. Yet again, this is more of a consensual process and whilst the Tribunal does have powers of sanction for non- compliance with its orders, these powers are not as extensive as those held by the
courts. The procedure broadly follows that of litigation in court, in that the Tribunal will order a timetable and the parties should follow it. The benefit of arbitration is that it is a confidential procedure held behind closed doors. The outcome and detail of the arbitration is confidential to the parties and cannot be disclosed without the agreement of the parties. This is different to litigation in court, which is very much in the public domain.

Litigation
This is the form of dispute resolution generally associated with solicitors. It is a more adversarial procedure than those mentioned above. The procedure adopted depends upon the type of claim which can be small claim track, fast track or multi track. The lower value and less technical claims are generally conducted on the small claims track, disputes of medium value and up to one day' court time are generally fast track and all other matters are multi track. Litigation is the most formal dispute
resolution process. The courts have broad case management powers and are happy to use them to expedite a claim. The court will order a timetable to be followed by the parties and it takes a dim view if parties fail to comply with its orders.