Alternative dispute resolution – a typical scenario


By Richard Probert

Raymond, a successful entrepreneur in IT, Is driving his brand new convertible towards a four way stop. Engrossed in his telephone call to his business partner whilst wrongfully holding the handset to his ear, he forgets one small detail and runs through the stop without halting.
Trevor runs his own decorating company and has had a busy Monday morning seeing new clients for potential contracts and quoting them on the work that needs doing. He has not eaten and is hurriedly chomping down on a tasteless store bought sandwich whilst driving his van towards the same four way stop as Raymond. He also missed the fact that he should have halted and the two vehicles collide. 
Trevor and Raymond realise that they were both at fault. After speaking to the police and clearing up their stories they are left to sort out the rest with insurance. But neither insurance company is willing to pay out in this instant. Trevor and Raymond both realise that they are going to have to dig into their own pockets to cover damages and, both being reasonable people, discuss how they can come to an arrangement. They don’t wish to go to court as they are both busy men and cleverly realise that this could end up being even more costly if they were to use solicitors. However, the damage to the vehicles on both sides is more than £5000. 
Thus the need for a dispute resolution arises.
Alternative Dispute resolution in its simplest definition is several methods of dealing with disputes without going to court. Most commonly known is mediation followed by conciliation. Both of these methods involve a neutral third party who facilitates the finding of a solution.
Other methods include arbitration, adjudication and even expert determination given some cases.
The need to find an impartial third party has brought the need for solicitors firms to expand and incorporate this service into their internal structures. Many firms are now able to advise and supply the right person for your dispute and deal with varied cases on a day to day basis.
Alternative resolution can be utilised in all areas of law as long as both sides involved in the dispute are willing to sit down and discuss in a reasonable manned the desired outcome with the other party.
Contact law can assist with finding an alternative dispute resolution solution for you and has a vast network of firms ready to assist you with your dispute.
Richard Probert is one of Caven’s most knowledgeable case handlers with extensive experience in this matter from dealing with clients on a day-to-day basis.
08001 221 2299
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