Specialists in all Dispute Resolution
Dispute Resolution Solicitors
At MPR Solicitors we are committed to the fast and cost-effective resolution of disputes for individuals and business clients. Our dedicated team of lawyers in our commercial litigation team will work with you to understand your options and agree with you the best strategy while handling your needs efficiently with a practical and commercial approach.
To contact our dispute resolution solicitors, please call our office on 020 3824 8080 to make an appointment at our London office.
Wherever possible, as a first option we will strive for a successful outcome with correspondence and negotiation. Where this is not possible, we will act robustly for you in court proceedings. We will also advise on alternative dispute resolution with our considerable experience in mediation and arbitration.
We undertake a variety of contentious work ranging from complex commercial and corporate actions to boardroom and partnership disputes, insolvency litigation and asset recovery, civil fraud, property disputes, landlord and tenant, and all nature of contractual and debt recovery matters. Our expertise also extends to cross-border disputes and international arbitration.
At MPR we have a strong track record of handling disputes for international and national corporations as well as SME’s; owner-managed businesses; financial institutions and government departments, who all benefit from our pragmatic commercial approach.
As a team, we provide partner-led, quality, professional service. Commercial disputes can cause significant stress and anxiety to you and your loved ones, not to mention costing money in reduced productivity. You can trust us to provide expert advice and robust representation while supporting you, your family and your business throughout the dispute.
What are the different types of dispute resolution methods?
Dispute resolution can be broadly split into two main approaches; formal litigation and alternative disputes resolution.
Formal litigation involves attending court and is the most expensive and time-consuming option. Fortunately, most commercial dispute cases are settled well before they reach this stage.
Alternative dispute resolution (ADR) encompasses a variety of methods in which parties to a dispute work with an impartial individual in a private setting to work out an agreement.
ADR can be further divided into two types:
- a facilitated process – e.g. mediation or executive tribunal, where a neutral third party helps each side reach a decision
- an imposed decision—where a decision will be made which will bind the parties, i.e. arbitration and adjudication
There are multiple different types of ADR, the most common being:
- Negotiation
- Mediation
- Adjudication
- Arbitration
Negotiation
A good solicitor is an expert negotiator and will commit themselves to resolving your commercial dispute before formal litigation is required. Not only is this approach more cost-effective, but it also preserves commercial relationships. The latter is often overlooked, but if the dispute surrounds a high-value commercial project, such as a shopping mall development, any delays and/or relationship breakdowns can cost thousands of pounds per day. Our commercial dispute resolution solicitors understand this and will work around the clock if required to break deadlocks and ensure progress on the project is resumed.
We are therefore experts in facilitating round-table negotiations, often the fastest, most cost-effective way of resolving disputes and ensuring projects get back on track.
Mediation
Mediation involves parties to a dispute meeting with a trained, impartial mediator who will help them reach a resolution. Mediation is a voluntary process and, unlike litigation, is private, which limits the risk of reputational damage to your organisation.
We can assist you with the mediation process, which can be initiated at any time during a dispute. Our team can:
- advise on the merits of your case
- appoint a suitable mediator
- help you prepare submissions so you can strongly present your side of the dispute at the mediation
- advise you on tactics both prior to and during mediation
- representing you on the day
- have the final agreement made legally binding
Adjudication
Adjudication is used primarily in construction and professional negligence disputes. Its predominant advantage is speed unless the parties agree otherwise, an adjudicator is required to reach a decision on a dispute within 28 days of a referral notice being issued.
Adjudication proceedings have become increasingly complex over the past few years, having developed into a formal process with parties serving detailed submissions, witness statements and often even expert reports. Each party is usually responsible for their own costs, and the decision of the adjudicator is temporarily binding until the underlying dispute is litigated, arbitrated or settled.
Construction and professional negligence disputes can be incredibly complicated, requiring expert evidence being sought and presented. In addition, there can be extreme pressure from investors and subcontractors if the project relating to the dispute is being delayed. Our team will partner with you, working swiftly to appoint the right adjudicator, collate and present evidence and argue your case. We are also able to challenge an adjudicators decision if they act outside their jurisdiction.
Arbitration
Arbitration is a procedure in which a dispute is submitted by agreement of the parties, to one or more arbitrators, who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
An arbitration decision is final, binding and enforceable. However, unlike litigation, party autonomy and procedural flexibility are key parts of the process. Therefore, it is often the preferred method of resolving international disputes. Aside from the mandatory rules governing arbitration in the jurisdiction chosen by the parties, all other aspects of the process can be agreed on. In the UK, the Arbitration Act 1996 governs arbitration.
Parties to an arbitration are free to agree on the process for appointing the tribunal, the location and language of hearings, the use of evidence and the confidentiality of proceedings. Parties are also free to choose who should represent them in an arbitration and can use counsel and experts from any jurisdiction.
At MPR Solicitors, we have vast experience in dealing with international arbitration hearings and can advise and represent you from the beginning to the end of the process.
To contact our dispute resolution solicitors in complete confidence, please call 020 3824 8080 or fill in our contact form to get in touch.