Dispute Resolution

Common questions about Dispute Resolution.

Questions:

> What is mediation?

Mediation is an alternative method of settling a dispute.
 
A mediation is usually held on a "Without Prejudice"  basis,  which means that what is said  during the mediation  cannot be used in any court or arbitration proceedings unless a legally binding agreement is  reached or in relation to the issue of costs.
 
Mediation often proves to be an appropriate alternative method of dispute resolution in circumstances where the parties wish to  maintain  an ongoing business relationship. 

> When there is a dispute, how do parties and the mediator work together?

When mediation is considered as a possible method of resolving a matter, the normal process is for the parties and the mediator to meet together at mutually agreed scheduled sessions. The mediator will guide the negotiations between parties.

Most mediations follow these stages:

Firstly establish the process. The mediator and the parties agreed to initial guidelines that they will follow. One person speaks at a time and all parties are treated with respect and confidentiality.

The parties will then explore their positions and interests and what they hope to resolve in the mediation. Each party then explains their interest and possible solutions.

The mediator will create a solution mutually agreeable to both parties.

> What is ADR?

Alternative Dispute Resolution (ADR) is an alternative to court proceedings or arbitration. Mediation is the most  frequently-used  form  of ADR , but there are many others which may perhaps suit your problem.

> What are "Civil Procedure Rules"?

The Civil Procedure Rules (CPR) govern the way in which court cases are conducted in England and Wales.

They were introduced in April 1999 with the aim of enabling courts in England and Wales to deal with cases justly and streamlining the civil justice process by resolving as many cases as possible without resorting to court proceedings.

> What is the limit for bringing a claim in the Small Claims Court?

Claims with a financial value of not more than £5,000 will usually be treated by the court as a "small" claim and be managed by the court under the small claims track.  However, if the other party issues a counterclaim and the value of the claim exceeds £5,000 then the claim may be moved out of the small claims track.

 

Contact us

O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT

Telephone:

0161 694 3000 / 0161 483 8555

E-mail:

info@oneillpatient.co.uk

Fax:

0844 576 2140 (we do not accept service by fax or email)