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 Isle of Man 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.
Mediation
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 by encouraging and facilitating discussion between them.
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.
The Isle of Man Courts also recognise the importance of this process and encourage the parties to endeavour to resolve disputes through mediation. This was emphasised by His Honour The Deemster Corlett in the Family Court Review 2017: “The benefits of the parties reaching their own solutions without the Court imposing them cannot be underestimated.”
The First Deemster, His Honour The Deemster Doyle in Association of Cosmetic Surgery & OTR v Bentley 2009 observed: “… as experienced counsel will be aware the law is sometimes a very blunt instrument to resolve disputes of this nature and I would encourage the parties if they had not already endeavoured to do so to endeavour to resolve their disputes through the mediation process.”
Engaging a mediator to assist parties in resolving their differences will provide:
- A flexible approach to the issues
- A confidential and less adversarial process
- A more cost-effective process than taking a case to Court
- Where applicable, an opportunity to preserve the relationship between the parties
- More certainty of outcome rather than a judgment issued by a court which might not suit any of the parties.
Further Information:
For more information in relation to the Mediation process email enquiries@simcocks.com or telephone +44 1624 690300.
Arbitration
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.
Additional information about our Litigation & Dispute Resolution services can be found here. You can find information on the Isle of Man Courts of Justice here.
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.