When a dispute occurs, whether in business or personal life it can be stressful and you may need support to find a resolution.
However, having a dispute does not always mean going to court. At Hegarty we offer alternative means of dispute resolution such as mediation and arbitration. This can save time and money and can help put the dispute behind the parties, whilst preserving valuable relationships.
Mediation can occur in a dispute at the very outset before litigation is commenced and is a meeting amongst those in dispute, their representatives and a mediator to discuss settlement. The mediator’s role is to help the parties explore settlement options.
A mediation requires a relatively small amount of preparation time and can be scheduled quickly. Statistics show that the majority of business disputes and personal injury cases end in written settlement agreements.
Arbitration is the referral of a dispute to one or more impartial persons for a final determination. This is a private and confidential exercise which is designed for quick, practical and economic settlement.
Specific provisions can be added to the arbitration agreement to reflect the needs of the parties.
Arbitration is ordinarily a less formal litigation; mediation is even less formal than arbitration. A mediator (like an arbitrator) does not have the power to render a binding decision. A mediator does not hold a hearing as to evidence as does an arbitrator, but instead conducts informal, separate and joint meetings with the parties to understand the facts, issues and positions of the parties.
Arbitrators hear and receive evidence in a joint hearing on which they then provide a final and binding decision. This is known as an award.
In joint sessions with each side, a mediator will try to obtain further details of the priorities and issues for each party to explore alternatives, communicate positions and search for solutions.
This is based upon the mediator’s published hourly rate plus the costs of any legal representatives who attend. All expenses are generally borne equally by the parties, which may be adjusted by agreement.