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Given the expensive nature of litigation, alternative avenues of dispute resolution are now increasingly employed. These range from simple techniques of negotiation to the most sophisticated form of international arbitration subject to detailed rules of procedure and format.
At Gates and Partners, we can provide professional help with:
- Mediation. This process provides a forum for a relatively informal and flexible method of dealing with a range of disputes at any stage (but preferably an early stage) of claim handling. Parties meet privately, with all discussions and disclosures made on a without prejudice and confidential basis. A "Mediator" is nominated by the parties to moderate proceedings, on agreed terms of reference and to facilitate negotiations in an active, yet non-binding fashion, pointing out the pros and cons of views expressed without providing advice or being judgmental.
Only if the parties agree will a settlement ensue and it only becomes binding upon entering into agreed terms of settlement. This method can be successfully used in resolving compensation demands whether for a group of claimants or individually and is well suited to high and low value claims alike.
- Arbitration. This is a more formal process and is often governed by specific domestic legislation in many countries. Submission to arbitration is by agreement between the parties either in advance of a dispute arising or after the event. The parties can maintain confidentiality and privacy, control the procedures adopted and the composition of the tribunal determining the case. Arbitration can therefore be as formal or informal as the parties wish, ranging from a decision made purely "on the documents" to a full hearing, with witnesses giving oral evidence.
Cost may not be the driving force behind a decision to arbitrate but, rather, a desire to preserve confidentiality of outcome; short circuit what may otherwise be a tortuous legal process; and crucially, choose the determining tribunal to best suit the nature of issues in dispute, such as a particularly technical subject matter. In most countries, the ability to appeal an award is very limited. Enforcement of awards internationally is generally governed by the New York Convention.
Members of the firm are trained and experienced in claims handling both as representatives of parties, and as mediators and arbitrators.
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