Parties often seek ways to resolve disputes outside of the traditional litigation framework. In this regard, certain disputes lend themselves to mediation, arbitration or negotiation as a vehicle to achieve resolution, often in a more timely and cost effective manner.
Mediation is a process where the parties strive to consensually resolve their dispute with the assistance of a neutral mediator, who is trained in assisting the parties in coming to a resolution and dealing with the underlying issues.
Arbitration is where the parties agree to have the dispute resolved for them by an individual or panel selected by the parties. Both mediation and arbitration are private, more cost-effective than litigation, and often give clients a sense of control over the dispute resolution process.
We have the necessary skills and expertise to assist our clients to arrive at business-minded solutions that are acceptable to all parties. Our firm also has an accredited civil and commercial mediator.
We have extensive experience in successfully representing clients involved in the process of mediation or arbitration. In respect of arbitration, we have pleaded complex commercial disputes before panels of arbitrators in several jurisdictions.
We have also utilized mediators, including retired judges, to arrive at favourable settlements in complex litigation involving shareholders' disputes, professional liability claims against auditors and their insurers and various other commercial disputes.
Where we believe that alternative dispute resolution is a viable and cost effective option, we will discuss with our clients the possible advantages of such mechanisms in order to achieve the desired results in the most practical and beneficial manner possible.