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Resolving Civil DisputesPosted on: April,28,2014
RESOLVING CIVIL DISPUTES
It is the wide range and variety of civil disputes which make the work of assisting clients to resolve them a demanding but fascinating area of legal practice to work in.
Following the Civil Justice Review some years ago, procedures and practice in the civil courts, at local level the County Court, have been revised with access to justice (including the facility for claims to be made by unrepresented litigants online) and increased case management by Judges as some of the features of the Civil Procedure Rules.
Of increased interest and use in resolving civil disputes are various means of “alternative dispute resolution”. This may, according to the nature of the matter in dispute, include negotiation (often assisted by legal representatives), mediation/conciliation which may range from a short Court appointment with a Judge acting as Mediator in a Small Claims case or a high value commercial dispute with an independent Mediator which might last for a full day or longer or arbitration.
It is inevitable that some civil disputes involve an element of the breakdown of a relationship, possibly between related parties or otherwise business partners. In other cases a dispute may arise from a purely commercial transaction, for example, an argument about quality of materials where both parties’ only concern is to quickly resolve the matter in dispute and to resume a normal trading relationship. A trade dispute is often referred to an independent arbitrator. Other claims, which include claims by consumers, may also be referred to an independent arbitrator for a decision to be made either under the terms of a contract for supply of goods or services or under a separate agreement between parties in dispute to refer to arbitration.
At Jeromes we are always ready to assist clients to resolve any dispute by the most appropriate means available whether that is by issuing a Claim in the Court or by negotiation, mediation or arbitration.