Alternative private dispute resolution and mediation

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• FWJ takeaway

Pre-issue settlement of claims

At Francis Wilks & Jones, our team always explores the possibility of settling a client dispute at the pre-litigation stage if at all possible.  

Whilst the courts emphasise the importance of complying with the various pre-action protocols governing claims at pre litigation stage, we do more than simply pay lip service to these rules.   If appropriate for our client, we will do all we can to utilise the relevant pre action protocol provisions to obtain a favourable settlement without the need to become involved in formal legal proceedings.

The options available can range from

• provision of key information at an early stage (in a ready to understand format);
• round table meetings;
• site meetings;
• early mediation; or
• meetings between experts.

More often than not, claims can be resolved without the need to issue legal proceedings, but the planning and execution of this stage of a case needs to be done correctly. You do not want to waste the opportunity provided by the various court protocols.

The team at Francis Wilks & Jones is able to guide you through these processes and the most appropriate for you.

Settlement after legal proceedings have been issued

We recognise that not all disputes are capable of resolution prior to formal litigation.

But even in issued claims, the court continually emphasises the need for the parties to consider dispute resolution at the appropriate time and can penalise a party who refuses to entertain the offer of dispute resolution if made by the other side to the claim.

Alternative dispute resolution in an issued claim most commonly happens shortly after what is called the Costs and Case Management Conference stage of a set of proceedings. At this stage, the court will invite the parties to consider the most appropriate type of dispute resolution mechanism available in the claim and order often stay (or stop) of the proceedings to enable the parties to take advantage of the break in the litigation process to try and settle and/or narrow down their differences.

There are a number of different processes available at this stage including

• without prejudice meetings;
• formal mediation; and/or
• other types of without prejudice negotiations.

The team at Francis Wilks & Jones are highly versed in all types of alternative dispute resolution mechanisms and our experience often leads to favourable settlement for the parties for whom we act in a claim (whether claimant or defendant). We can deal with these meetings ourselves or if needed, as part of the team including barristers and / or experts.

Everyone I spoke to at Francis Wilks & Jones was friendly and helpful as well as being objective and transparent about my case. Communication was easy and swift all the way through and the work carried out was thorough and efficient. I feel that Andrew got me the best outcome possible. I wouldn’t hesitate to recommend them.

A company director