Wish to solve a disagreement outside of the courts? A dispute resolution solicitor can help
Here is how a dispute resolution solicitor can help you rectify agreements without going to court.
What happens when a dispute gets out of hand?
Where do you go and who do you turn to?
In life, disagreements happen every hour of every day. From minor moments of miscommunication to more heated encounters, the contention is unavoidable.
Sometimes these disputes can only be rectified through the courts and with the help of a litigation solicitor.
However, many parties wish to deal with such issues outside of a courtroom. And so, they will need a dispute resolution solicitor with expert knowledge in the area.
The reasons for this choice include:
Cost: Although arbitration is an exception, the cost of all other mediation is a fraction of what a court appearance would amount to.
Privacy: Rather than in open court, meetings in dispute resolution take place in private.
Speed: Unlike undertaking a lengthy court case, the alternatives handed down by a dispute resolution solicitor are dealt with promptly and efficiently. Parties also have more control over the process.
So, what types of settlement aids can a dispute resolution solicitor help provide to clients?
Arbitration
Arbitration is a form of dispute resolution that sees two disputing parties agree to submit their dispute to a neutral third party for determination.
This agreement to submit the dispute to arbitration is commonly found in a contract clause between both parties.
In arbitration, an independent individual will hear details of a disagreement from those involved, consider all the facts and give a final decision on the issue.
Arbitration is very similar to a court case and a dispute resolution solicitor will usually be engaged by both parties.
Mediation
It also defines as “a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute.”
Mediation is a voluntary form of dispute resolution, so a person cannot be required to use mediation to resolve the issue. All parties must agree to use mediation beforehand.
Even when the parties have agreed to use mediation, it remains voluntary. The parties are free to decide at any time not to continue.
Only the parties decide if, when, and how to resolve the dispute through mediation. The terms of any resolution agreement between the parties only become binding when set down in writing and signed by them.
The obligations of a dispute resolution solicitor
By law, before you start court action, your dispute resolution solicitor must advise you to consider mediation to resolve your dispute. He or she must also give you information about:
• Mediation services are available in the state.
• The possible advantages for you and the other parties of resolving your dispute outside of the courts.
It’s important to note that mediation or arbitration may not be suitable for every dispute. Your dispute resolution solicitor will advise you on all options and help you distinguish the most suitable for your needs. If you are in need of a dispute resolution solicitor, please contact Ronan Enright Solicitors now on (021) 235 5443 or email info@ronanenright.com
