Litigation & Dispute Resolution
Litigation & Dispute Resolution
Litigation and dispute resolution aims to sort out disagreements that arise in the course of everyday life, whether concerning business or personal matters. Any kind of dispute can negatively affect your well-being; they can affect your business, your reputation, your relationships and of course, your financial situation.
Obviously, it is key to know what the options are for resolving disputes as quickly and effectively as possible. It also pays to know the risks and how to avoid disputes. Below are the main methods for resolving commercial disputes and their pros and cons.
Where the parties have an interest in settling the dispute, sometimes a simple letter or telephone call from a third party can influence the situation. Sometimes a face-to-face meeting is a more persuasive option. We can provide a skilful negotiation strategy for commercial disputes and a neutral venue for meetings.
Litigation refers to the commencement of legal proceedings with the aim of resolving a disputed matter with assistance from a Court. Court disputes generally arise when two or more parties are unable to resolve a matter concerning their respective legal rights and obligations.
Protracted litigation can be an expensive process and we would always help you explore the above options first. However, sometimes it is the only effective and realistic method of ensuring a lasting and legally enforceable solution. It is important to remember that you will be liable for your costs and possibly the other party’s if you are not successful with your claim.
Knowing what is achievable through litigation, when to negotiate and when to settle can save you money and time. Litigation can be complex, and it takes time to gather the relevant evidence. We can advise on all aspects of the litigation process.
Mediation is increasingly popular in Ireland for resolving disagreements. It is voluntary and therefore takes a less formal approach to resolving disputes. It is a quicker, cheaper alternative to going to court and is based on open and honest communication. Success rates are high and the settlement is usually amicable as the parties feel that the outcome has been agreed to by them, rather than imposed on them. Mediation also has the advantage that mostly important relationships can be preserved.
Arbitration may be voluntary, or mandatory if stipulated in the contract governing the subject matter of a dispute. Arbitration usually follows procedures developed by Irish professional bodies. The arbitrator is a neutral person or group agreed upon by the parties to the dispute.
One of the main advantages of opting for arbitration is that if the dispute is of a highly technical nature, the arbitrator will be a specialist in the particular field or industry. This means they will generally not require as long to get to grips with the issues and they may be able to bring insights that would be lacking in other dispute hearings.
The arbitrator listens to the argument of the parties and then makes a decision. A significant advantage to arbitration is that unlike court proceedings, the information disclosed through the arbitration process remains private. This is obviously important for certain commercial secrets or sensitive information. Typically, it results in a faster resolution of the dispute than litigation and importantly the outcome is binding.
Legal disputes can be drawn out and costly if not handled correctly from the outset. Our solicitors aim to do just that – deciding the best avenue to resolve your dispute in the most efficient and practical way, so you can move forward.