Arbitration and Alternative Forms of Dispute Resolution

Arbitration is the process where the parties agree to have their dispute determined by an Arbitrator outside of the formal Court system.

This is something that has usually been agreed upon in a contract by the parties at the outset of their relationship although it is possible (although relatively unusual) for them to agree to this once the problem arises.

Arbitration can take various forms and may be under the supervision of a specified body (e.g. ICC, LCIA etc) or simply under the Arbitration Act.

The process is confidential and there can be advantages and disadvantages of arbitration compared with litigation. It is not always open to the parties to decide whether or not to arbitrate a dispute once it arises. If they had agreed to arbitrate in the contract then usually the party will be prevented from seeking to litigate instead unless the other party is willing to agree.

Arbitration is a specialist field and at Colman Coyle we have considerable experience in this area and can advise and assist in arbitrations both domestically and internationally.

Other forms of Alternative Dispute Resolution which can be used to avoid the need to have a matter determined at trial include, negotiation, mediation, early mutual evaluation, adjudication and other options.

Whilst negotiation always remains a good option, there is an increasing emphasis upon parties mediating their disputes and indeed the Courts not only encourage this but, in some cases, insist upon the use of mediation.

At Colman Coyle we have been involved in a large number of mediations from small cases involving just two private parties to a major mediation with hundreds of parties, numerous representatives and two mediators conducting the mediation over several days.

We are strong supporters of mediation and have often seen its benefits for our clients in practice. We are able to provide advice and representation for mediation and also with regard to all forms of ADR.

Dispute Resolution Team

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