We act for a wide range of clients in a wide range of dispute situations. Front and centre of many claims we handle is the desire by our clients to try and resolve their dispute on favourable terms without the need for lengthy and complicated legal proceedings. We can help achieve this.
Mediation and pre-action conduct
We regularly assist our SME clients with the following.
Pre issue settlement of claims
The courts emphasise the importance of complying with the various pre-action protocols. We take this process very seriously. Unlike other law firms, we do more than simply pay lip service to the various protocols. If appropriate to the case in hand, we will do all we can to use the relevant pre-action protocol to our client’s advantage and resolve the claim without formal legal proceedings.
The options available to our clients range from:
- provision of key information at an early stage (in a ready to understand format)
- round table meetings
- site meetings
- early mediation
- meetings between experts
More often than not, claims can be resolved without the need to issue legal proceedings, but both the planning and execution of this stage of a case need 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 after a claim has been issued at court, we make sure that our clients’ interests are always looked after. At the right stage in the proceedings, we will consider the most appropriate dispute resolution process for our client and see whether it is possible to settle the claim without trial.
- alternative dispute resolution normally happens after the costs and case management conference stage of a set of proceedings
- at this hearing, 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 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
- other types of informal without prejudice negotiations and communications
Our team at Francis Wilks & Jones is 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.
Whatever the stage of the claim you are at and whichever side you are on, our team at Francis Wilks & Jones is here to help you. By instructing a highly experienced law firm, we can often take the heat out of any dispute and seek to resolve the claim without the need to proceed to full trial.