Ways of Resolving Claims and Disputes
We always recommend negotiation, where possible, for resolving claims and disputes, as this is the most cost efficient way of dealing with matters. Negotiation can happen at any time throughout the life of the claim or dispute, and in conjunction with any other method of resolving matters.
Initiating court proceedings is the traditional method of resolving claims or disputes that cannot be resolved by negotiation.
Even after court proceedings are underway, matters are often settled by agreement, with comparatively few cases actually reaching trial.
Mediation is commonly referred to as Alternative Dispute Resolution (ADR). It can take place at any time – before court action commences and whilst it is underway – both parties must be willing to explore the possibility of settling their claim or dispute this way.
Arbitration involves an independent third party – the arbitrator. Similar to a judge in court, the arbitrator’s role is to assess the facts and make a decision about the claim or dispute. The parties involved agree to be legally bound by the arbitrator’s decision.