We at Boddy Matthews promote flexible, creative and cost-effective solutions through ADR techniques, at an early stage.
These techniques can take many forms, are a neutral process and can be a useful tool in conflict and risk management. This can assist the parties in minimising the impact of disputes and the potential cost on their business life.
- Expert determination
- Commercial adjudication
- Early neutral evaluation
- Structured without prejudice settlements
- Other bespoke solutions using ADR techniques including obtaining a Judge’s opinion
We have extensive expertise in these techniques. We fully understand the strategies and drivers to assist our clients through to achieving a successful resolution. Kate was accredited as a British Franchise Association Mediator in 2012 and a British Franchise Association Qualified Franchise Professional in 2015.
These techniques can be used effectively in commercial disputes of any size and in any sector. Such techniques are also attractive for use in cross-border international disputes. Particularly where there are international jurisdiction and choice of law issues between multiple international parties.
Whether facilitative or evaluative, is a flexible, voluntary and confidential form of ADR. It can take place at any stage of the litigation process, pre proceedings or during legal proceedings. The mediator will be a neutral third party to assist the parties in seeking a negotiated settlement. In a facilitative mediation, the parties retain control on the terms of any settlement to be achieved. The issues and any settlement agreement will not necessarily be based on the legal merits and may take account of other commercial aspects not the subject of the dispute. Ongoing relationships can be retained and the process will remain private between the parties. The key to success is the private forum which encourages the parties to explore options and flexible, bespoke solutions can be achieved.
Arbitration is also a private dispute process. The parties agreed to be bound by the decision of a neutual arbitrator or arbitration panel. The arbitration award is usually legally enforceable as if it were a court judgement. The process takes a traditional form and the legal merits are considered. The arbitration process may be governed by arbitration Rules particularly in relation to international arbitration. Such Rules provide guidelines and protocols for the parties which may differ between major international institutions.
Kate has expertise in arbitrations conducted by Tribunals under a number of Arbitral Rules.
Click here to view our International Services page.
Other techniques can be structured according to the requirements and issues of the parties taking into account the complexity and damages and likely cost.
For further information please call us on +44 (0) 1737 339838 or email us at email@example.com.