To most of us, the word litigation means the process of bringing or contesting a legal action through the Courts. In Latin, however, litigation means “dispute”.
Two other methods increasingly are being used to resolve a dispute: arbitration and mediation. Arbitration is when a dispute is heard and decided upon by an impartial referee selected by the parties concerned. Mediation is when a neutral third party acts as a mediator in bringing the disputants to an agreement, settlement or compromise.
Although not every case is suitable for arbitration or mediation, many matters can benefit from the streamlined procedures and rules of evidence that may be used in these alternate dispute resolution proceedings. Ultimately, they may be quicker and cheaper than litigation, and provide the parties with the advantage of being conducted privately, so there will be no disclosure of sensitive information on the public record. Arbitrations are increasingly required in commercial contracts, by-passing the normal litigation process and courts are moving to mediation as a compulsory component in most litigation.
The lawyers at Billington Barristers can represent you in these alternate forums; or can act as an independent arbitrator or mediator.
Our experience includes acting in international commercial arbitrations, in Judicial Dispute Resolution conferences, and in private, local arbitrations and mediations.
Our firm is also experienced in Judicial Review Applications, where it is alleged that the arbitration has been conducted improperly or that an order has been granted that exceeds the jurisdiction of the arbitrator. These applications provide the oversight of the arbitration process by the Court to ensure that all rules are followed to ensure a fair arbitration proceeding.
Billington Barristers can assist in your arbitration and mediation needs.