Mediation, arbitration, alternate dispute resolution (ADR)
It is a fact that 95% of Court cases settle out of court. They do so via mediation, arbitration or other forms of alternate dispute resolution. Most Courts will require parties to attend some form of mediation before going to Court anyway.
Working towards a resolution
A good lawyer will, at the same time as running your case, be also picking up the phone to speak "off the record" and see if some sort of compromise can be reached.
A good lawyer will be prepared to tell you what you may not want to hear. Everyone wants to know that they have a watertight case but there may often be a weakness.
Your lawyer should be telling you what the risks of going ahead are and, importantly, whether you should be prepared to settle and get back to what you do best in your business.
What is Arbitration?
Arbitration is a process that many contracts require to be followed before anyone can commence Court proceedings. The reason is that arbitration is less visible and may keep the dispute out of the newspapers and usually requires the parties to keep working while the dispute unfolds.
Arbitration is very similar to Court, but is usually before an industry expert rather than a Judge and the strict Court rules around evidence and formal proceedings are more relaxed. Your contract may even say that the arbitration result is binding (and so the decision cannot be appealed as in normal Court).
How we can help
Having good advice and representation is therefore vital in arbitration as the decision is final.
We have plenty of experience in all forms of alternate dispute resolution, and can advise you throughout the entire process.
Contact Ricketts & Associates to find out how we can help you.