Disputes

Why choose Talbots dispute solicitors?

When a dispute arises, your most valuable tool is sound legal advice. With a team of specialist dispute resolution solicitors on your side, you can rest assured that, at Talbots,  we have your best interests at heart. We see ourselves as problem solvers, and have acted for a range of clients, all with unique issues and interests at stake.  At Talbots, we endeavour to be more than just your dispute solicitors, and will always be on hand for advice and to listen to your concerns.

Disputes FAQ

What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution seeks to find remedy to an argument outside of court, and is the collective term for the different methods of doing so. These are:-

• Negotiation
  Negotiation is often the first option when looking to resolve a dispute, because it gives both parties the opportunity to solve arguments by attempting to negotiate a compromise.  There is no impartial third party in negotiation, so the parties must work together to reach an agreement.  If required, we can take instructions and negotiate on behalf of the parties.
• Mediation
  Mediation allows both parties involved in the dispute to negotiate while a qualified mediation professional actively works to guide them through to an agreement.  A mediator is a jointly instructed neutral party. Their role is to assist with communication between the two parties to achieve a settlement or resolution. The mediator will discuss the issues openly and try to help the parties reach an agreement, but will generally not offer their own opinions or assessment.
• Conciliation
  Conciliation is a common form of ADR used for employment disputes, and is a compulsory process before an employee wishes to bring a claim to the Employment Tribunal. The conciliator will discuss the issues and try to help the parties reach an agreement, often providing their own opinion after assessing the situation and the different arguments.
• Arbitration
  Arbitration involves the two or more parties at conflict having their dispute heard and evidence reviewed by an independent arbitrator who calls, usually under a defined contract, eg Joint Contracts Tribunal, the final decision. Both parties must agree to use arbitration, since the decision imposed tends to be legally binding, unless otherwise stated.

Which method of Alternative Dispute Resolution should I use?
The method you use will be the one that works best depending on the kind of relationship you have with the other party. From our experience, we know that mediation is often the best method for parties looking to preserve their relationship with family members or neighbours, being guided through conversation to a satisfying solution, keeping conflict at a minimum.

Mediation may not be effective if the other party fails to communicate and be open.

When should I litigate?
In certain circumstances, alternative dispute resolution is not appropriate. For example, restraining orders, which will require court orders, will not require negotiation attempts before court proceedings can begin.

In many disputes, opting for ADR when possible is a smart move. If you can reach an agreement through a form of negotiation, you will keep costs down and minimise the emotional weight of fighting a legal battle. However, if dispute resolution has been attempted and no settlement reached, we will continue to represent you and protect your interests.

No matter how complex the conflict, the dispute solicitors at Talbots Law will do all in our ability to find a resolution that meets your specific needs. Speak to a member of our team today to arrange a meeting by calling us on 0800 118 1500.