Litigation – Dispute Resolution

We live in a world where disputes arise all around us. Whatever the cause of these disputes, our concern for the client is to resolve in the best interest of the client.

How you go about resolving a dispute and seeking a remedy, whether by pursuing civil litigation (the process for resolving a private law dispute through the courts) or an alternative method of dispute of resolution, such as mediation will depend on the circumstances. When a dispute exists a non-contentious or contentious approach may be selected be pursued by the parties. In civil disputes, parties are encouraged by the Civil Proceeding Rules 1998 (as amended) to explore alternative dispute resolution methods before hastily submitting themselves to the courts. One such non-contentious process is that of mediation whereby parties mutually agree to have a neutral third party facilitate negotiations. This neutral party is known as the mediator and he takes control of the process, while the parties retain full self-determination of the solution. Should mediation fail the parties can choose to engage in litigation (contentious proceedings) whereby the parties submit their dispute to the courts through their attorneys-at-law and relinquish any role in the dispute resolution process.

Regardless of the approach taken, you will need clear advice, given in plain English, to help you make a fully informed decision of the best way forward. At Odysseus Chambers we will work with you to help you understand your options, both in terms of your chances of success and the costs implications of your decision.

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