Dispute Resolution

The law that affects individuals is often complex and difficult to understand, and never more so than when you find yourself in a legal dispute. There are several factors that may be at play for people who need to resolve disputes, and various alternative dispute resolution methods to consider. These may be subject to a contractual requirement, or you may need to identify the best approach for your situation. Then there are the contracts themselves, the nature of the dispute, and your legal position to take into account.

Given all this to think about, it can be hard to resolve even simple problems without strong and practical legal advice - let alone complex disputes with multiple parties involved. Your first step should be to speak to the expert dispute resolution solicitors at Clough & Willis. Whether you are bringing a claim or defending one, our specialist team can offer an accurate assessment of your legal position and rights, and advise you on the best approach to resolving your specific conflict.

From our offices near Manchester, our knowledgeable dispute resolution lawyers assist clients around the North West with their legal disputes - whether that means advising on alternative dispute resolution or representing you during court proceedings to secure the best possible outcome. To learn more about how we can help, or for support with raising or responding to a dispute, contact our team today. Call Clough & Willis on 0800 083 0815, or fill out an online enquiry form  to request a call back at your convenience.

How can Clough & Willis help with dispute resolution?

The team at Clough & Willis has extensive litigation experience both pursuing and defending legal claims. We are committed to establishing and attaining your objectives as effectively and cost efficiently as possible. To support this, our expert dispute resolution solicitors invest in every client individually, and work to understand their needs and the outcomes they are aiming to achieve. Thanks to our many years of experience in this field, we can advise you on choosing the right type of alternative dispute resolution or help you to approach the process constructively.

Our dispute resolution lawyers can advise on the following types of dispute:

• Breach of contract
• Civil wrongs (torts), such as negligence
• Partnerships
• Other business
• Contentious probate and Inheritance Act claims
• Property and boundary
• Landlord and tenant
• Building
• Residential possession proceedings
• TOLATA Claims
• Cohabitation Disputes

From our offices near Manchester, we advise clients from around the UK. This includes helping them to understand contracts, negotiate their positions, and successfully resolve disputes to the satisfaction of all our clients.

What is alternative dispute resolution?

Alternative dispute resolution refers to a range of methods of resolving disputes outside of the courtroom. These approaches are often preferred for their potential to save time and money, and to avoid the potentially adversarial nature of legal disputes. In some cases, they may also be mandatory - for example, some contracts contain provisions that a specific alternative dispute resolution method should be used to address any conflicts.

When used effectively, these methods allow parties to an agreement to reach a resolution in a more amicable and flexible manner than is possible through civil litigation. The most common approaches include:

Mediation

A neutral third party, called a mediator, helps the disputing parties communicate and try to reach a mutual agreement. The mediator doesn't decide the case but helps guide the parties to find a solution together.

Arbitration

In arbitration, a neutral third party or a panel makes decisions about the dispute. Unlike mediation, the arbitrator has the authority to make binding decisions based on the evidence and arguments presented by the parties. Parties will usually agree on the choice of an arbitrator together, to help ensure they are impartial.

Negotiation

This is a direct discussion between the parties involved in the dispute, often with the assistance of their legal representatives. The aim is to reach an agreement without the involvement of a third party.

Conciliation

Similar to mediation, conciliation involves a conciliator who meets with the parties separately to try to resolve their dispute. The conciliator suggests solutions, but the parties are not under any legal obligation to agree. This differs from mediation because you do not have to meet with the other parties during this process.

Each of these is suitable for different circumstances and will have potential benefits and drawbacks depending on what you wish to achieve. For complex matters, negotiation could take a long time and having an arbitrator decide the case might be easier - or, if you want to maintain your relationship with the other party, it may be better to pursue an amicable resolution through mediation.

Because of the variety of these options, it is vital to work closely with a solicitor who understands your desired outcome, and who can advise you on the alternative forms of dispute resolution that may deliver the best result.