Disagreements are common in property, the workplace and in business life. Companies have differing agendas and different standards of what they find acceptable. But sometimes I have seen simple disagreements escalate into complex disputes. These disputes have then led to costly and damaging court proceedings.
Talking through issues in a productive manner
It is possible to stop disputes escalating and deal with them quickly and effectively. Spotting issues and addressing them before they fester can help to resolve them.
Professionals such as Accountants, Surveyors, Project Managers and transactional Solicitors can sometimes recognise possible disputes before clients have even identified them. Collaboration between these advisors and their clients and dispute resolution solicitors can help to bring issues into the open and settle them in a constructive way.
Early intervention
If a disagreement has already started to become a dispute then early intervention can make a real difference to resolving the dispute amicably. Early Neutral Evaluation (ENE) can be used as a first step. A Mediator can give guidance and steer the parties involved towards a dispute prevention or resolution path.
In construction cases the Pre Action Protocol, which came into force on 14 November 2016, provides that before issuing proceedings, a meeting is usually to take place. It requires the parties to confirm that they have explored alternative dispute resolution in an attempt to settle cases ‘early fairly and inexpensively’ to keep matters out of court.
This could be a mediation meeting. In many cases the mediation meeting will be able to resolve the dispute on the day. If not, parties can be confident that they have tried and often the dispute settles in the days or weeks after the meeting.
Nip it in the Bud- Benefits for all parties
If a dispute can be nipped in the bud it will save a great deal of time, money, stress and uncertainty. Court cases are expensive, time consuming and emotionally draining. It is in all parties’ interest to avoid a court clash where there can only be one ‘winner’. Tackling issues in their infancy can allow parties to craft a mutually beneficial solution which can be more innovative and flexible than a court process.
Resolving disputes early can also preserve goodwill. Particularly where there are continued dealings between the parties, reaching an early settlement can preserve a working relationship.
As an experienced and innovative Mediator, accredited in Business Mediation for Commercial and Residential Property, Construction, Business and Commerce, Retail, Restaurant, Healthcare, Franchising, and financial related disputes I can help.
With over 33 years’ experience as a property solicitor I am fully versed in the legal framework of property and business disputes, and passionate that mediation provides a fresh approach, with a 75% success rate.
To find out more about my mediation services please call 07776 141 717,
