An alternative to Court
Alternative dispute resolution (ADR) are processes and techniques for disagreeing parties to resolve their differences as an alternative to going to court such as mediation and arbitration.
At Simcocks we consider all of the options having arranged and hosted mediation and settlement sessions covering a wide variety of cases. We work with our clients to achieve objectives in the way most beneficial to their business or personal circumstances.
ADR techniques can be more speedily concluded than going through the Courts. It may also be more cost effective than traditional litigation and is beneficial if there is a preference for confidentiality. It can help to reach a more flexible settlement solution as there is greater control over the selection of the individual(s) who will decide a dispute.
Cross-border disputes are increasingly common and often complex, time consuming and costly. Many businesses adopt International arbitration procedures in their commercial agreements so possible disputes may be resolved efficiently.
A successful early mediation is cheaper than litigation or arbitration, taking into account both the monetary cost and the management and potential reputational costs that may be associated with a lengthy dispute.
Mediation can be an effective way of resolving disputes without the need to go to Court. It involves using an independent third party – a mediator – who helps both sides endeavour to reach a negotiated settlement of their dispute.
It is a confidential, non-binding, process where the terms of the negotiation are not disclosed to the Court or tribunal. If parties are unable to reach agreement, they can still go to Court.
Arbitration can be either voluntary or mandatory and either binding or non-binding. It is a process by which a third party (the arbitrator) is employed to decide the case after considering written submissions or conducting a private hearing with evidence being called. The identity and experience of an arbitrator can be agreed between the parties.
ADR in family matters
The main types of ADR available in family cases are mediation (and collaborative law – in which the lawyers and their clients enter into an agreement to negotiate a settlement without going to court.
Simcocks are able to assist in all types of ADR, just as readily as with the more traditional approach both in civil and family matters, arbitration and collaborative law. Our Isle of Man lawyers can facilitate someone who can preside as an independent mediator or arbitrator to help to try to resolve a dispute between parties who are already represented by other firms.