DISPUTE RESOLUTION SERVICE

Resources and FAQs

Explore a range of resources and frequently asked questions (FAQs) designed to help resolve your disputes effectively.

Essential Dispute Resolution Resources

The resources and information provided below will help you decide the best approach to resolving your dispute. Browse our extensive collection of downloads, articles, and guides or, if you cannot find what you are looking for, please Contact Us.

Types of Disputes suitable Private Dispute Resolution

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Choosing the Best ADR Procedure for You

Downloadable resources for mediation, arbitration, and negotiation. Get guides on conflict resolution, settlement agreements, and mediation techniques.

Mediation versus Arbitration

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Small Claims and Fixed Fee Procedures

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Who Pays the Costs?

Downloadable resources for mediation, arbitration, and negotiation. Get guides on conflict resolution, settlement agreements, and mediation techniques.

Procedure Rules

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Mediation

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Arbitration

Downloadable resources for mediation, arbitration, and negotiation. Get guides on conflict resolution, settlement agreements, and mediation techniques.

Adjudication

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Independent (Expert) Determination

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Early Neutral Evaluation

Downloadable resources for mediation, arbitration, and negotiation. Get guides on conflict resolution, settlement agreements, and mediation techniques.

Documents Only Procedure versus Joint Meetings and Formal Hearings

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Conciliation and Negotiation

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Expert Witness

Downloadable resources for mediation, arbitration, and negotiation. Get guides on conflict resolution, settlement agreements, and mediation techniques.

Appointing a Party Representative

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Dispute Boards

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Temp

Downloadable resources for mediation, arbitration, and negotiation. Get guides on conflict resolution, settlement agreements, and mediation techniques.

Temps

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FAQs

Receive a free consultation with our dispute resolution experts to discuss your case and explore the best solutions.

What types of disputes do you handle?

At disputeresolutionservices.org, we specialize in resolving various disputes, including family conflicts, business disagreements, intellectual property issues, and more. Our professionals have the expertise to provide effective solutions tailored to your needs.

How skilled are your resolution professionals?

Our professionals at disputeresolutionservices.org have extensive experience in dispute resolution. They have successfully mediated and arbitrated numerous cases, ensuring a thorough understanding of the process. Trust us to handle your disputes with professionalism and skill.

What steps are involved in resolving a dispute?

Our experts will guide you through each step of the dispute resolution process, ensuring your interests are safeguarded.

What is the difference between Civil & Commercial Mediation and Family Mediation?

Commercial & Civil Mediation encompasses all disputes except family or workplace matters, including contractual disputes, property, inheritance issues etc. Family Mediation is a specialist form of mediation and aims not only to settle disputes, especially where children are concerned, but also to encourage co-operation between separated parents and to maintain nurturing relationships between, grandparents, parents and their children.

What is your role?

We represent individuals, businesses, families, employees and everyone in between. You can also instruct us to act as a Mediator.

How can you help me?

Our experts will guide you through each step of the dispute resolution process, ensuring your interests are safeguarded. We can help in the following ways:-

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What can you not do for me?

We cannot help with the following:-

> Liaise directly with the courts and other parties
> Collect evidence and relevant papers
> Handle money on your behalf

Is my case suitable for ADR?

Each case is different and some cases are not suitable for direct access ADR. For example, Clients using legal aid or similar support may not be suitable for direct access ADR so should instruct us using a solicitor.

What will it cost me?

Fees can be a fixed amount for agreed upon work or an hourly rate with a set limit. Your case is unique but our experienced Adim Team can provide an accurate fee once you have submitted your Enquiry Form. Generally speaking, fees can vary depend on how senior an ADR professional is and how many hours work are needed but you’ll be aware of exactly what you are spending. Read more about our fees here.

What is Arbitration?

Arbitration is a cheaper, private and usually quicker way of resolving disputes without the need to go to court. The two sides in dispute will agree to have their dispute heard by an arbitrator (or panel of arbitrators), who are independent and impartial. The parties are encourage to agree as much as possible, leaving the arbitrator to decide anything else.

Arbitration proceedings can be similar to court proceedings in that both sides will argue their case and can be represented by a party representative, but the proceedings are usually less formal and take place in a venue of the two sides’ choosing. The decision (called an “award”) of the arbitrator is binding, that is, both sides agree to it unconditionally. 

Arbitration is very useful in business disputes, principally because the outcome is kept private and confidential. This is different to mediation, which is not binding.

There are different types of commercial arbitration, including:

Domestic Commercial Arbitration
This is the most common type of arbitration, between two commercial organisations.

International Commercial Arbitration
Where companies in different countries are in dispute and opt for arbitration to resolve their dispute.

International State/Investor Arbitration. 
Disputes between states and business investors are heard by the International Centre for the Settlement of Investment Disputes (ICSID).

Do I need a Lawyer or Party Representative?
As with court proceedings, arbitration is a legal process which may or may not require you to appoint an adviser.  In less complex cases, all you and the other party will need to do is provide the arbitrator with documents of your case and the arbitrator will guide you through the process.

In more complex cases, an adviser acting as a party representative is essential.  They will advise you on the strength of your case, will use their advocacy skills to argue your case in the arbitration proceedings and look after your best interests.

Who is the best party representative for me?
If you need expert advice and assistance on a dispute which may go to arbitration, choose someone with relevant expertise.  This may or may not be a lawyer but will provide you with guidance so you that you know where you stand and can take the right decisions about what to do next. We can help you appoint a party representative who can advise you on any arbitration proceedings that you need to take or defend.  You can use our free Appointments Service to introduce you to party representatives with relevant expertise.

What is Adjudication?

Adjudication is an informal way of resolving disputes.  Adjudication is often used to resolve a particular aspect of a construction or property dispute. What this means is that a particular issue – such as standards of construction or non-payment of an invoice – can be decided, without holding up the rest of the construction project, for example.

Typically, where an adjudication process is put into motion, it will take place very quickly, perhaps within two or three weeks. If you or your company are involved in an adjudication, you will need to be well prepared both with the facts in dispute and with the legal issues surrounding the dispute. You may also have to prepare your case quickly. It is worth getting in touch with a party representative who is familiar with adjudication for assistance. They can assist with proper preparation and presentation of your written case to the adjudicator and to make sure that nothing has been overlooked.

When is adjudication used?
Adjudication is used a lot in the construction industry. Adjudication can also be used to settle disputes between landlords and tenants over the repayment of a tenant deposit. Adjudication can be used in employment disputes.

The adjudicator’s decision may be an order for the payment of money from one party to another or it may relate to a disputed fact or technical matter (for example, whether the workmanship is to the right standard or what the specification means).

Adjudication does not necessarily achieve final settlement of a dispute. That is because either of the parties has the right to have the same dispute heard once again in court (or where the contract specifies arbitration, in arbitration proceedings).

Why do I need a Party Representative?
Party Representatives with relevant expertise, can advise you authoritatively on how to comply with the law and dispute resolution procedures, such as adjudication, can attend meetings on your behalf and oversee the drafting of legal documents. If your issue involves an adjudication, your party representative is a skilled advocate who can represent you to the highest standard to ensure that you get the best result. Or your party representative can make sure you are well prepared to represent yourself.

What is Mediation?

Mediation gives you the chance to negotiate and seek to resolve issues in a managed and controlled way. It is not bound by the rules of formal court proceedings, so you can bring up whatever concerns you most. Increasingly the Courts have recognised the benefits to parties of resolving their dispute using alternative methods of dispute resolution (known as ADR). More recently costs sanctions have been imposed by the Courts against parties who unreasonably refuse to engage in ADR.

Reach Out to Our Skilled Dispute Resolution Team

Professional guidance for civil & commercial and family & workplace disputes. Get in touch now.

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