Your Options
We look for intelligent, creative and collaborative solutions for all our clients and always strive to help you avoid court, through reaching an agreement. There are six basic ways of resolving disputes, as below, and Crallans offers options 3-6 at a fixed fee:
- Face-to-face negotiations
- Mediation
We can put you in contact with reputable mediators in your area
- Traditional negotiation (without court proceedings being issued)
This is traditionally conducted by solicitors for each side communicating by letter, with the risk that the case will end up in court unless agreement is reached fairly quickly
- Negotiation conducted under the rules and ethos of ‘collaborative practice’, also known as Collaborative Law (without court proceedings being issued)
This option is a relatively new and imaginative tool to overcome disagreements, and suits many cases. The essence of collaborative practice is that both parties agree not to issue court proceedings and to attend settlement meetings with their legal advisers to thrash out an agreement. Its is essential for both parties to maintain open communication and information sharing and if legal proceedings are later issued the parties must instruct new lawyers. The main benefits are that there are no letters to be misunderstood or cause offence, and that you retain control over the process and decide your own priorities.
- Negotiation whilst court proceedings are progressing through the court timetable and heading towards a final hearing
When agreement cannot easily be reached and collaborative practice is not appropriate, a deadline laid down by the court once proceedings have been issued will reduce the time, and therefore cost, of negotiations, so issuing court proceedings is not necessarily a confrontational gesture but a catalyst to reaching a decision. Moreover, the court has powers to enforce the disclosure of vital documents so that a case can move forward – parties can not be expected to agree unless they know what they are agreeing to. In these circumstances it is essential to have a lawyer who will pursue your interests in a robust manner with the clear objective of winning.
However, the court process must go hand-in-hand with effective negotiation, round table meetings and sensible offers of settlement to avoid unnecessary and expensive conflict. In more complex cases we will discuss with our clients whether to instruct leading barristers to provide objective advice on the conduct of the case.
- The decision imposed by a judge after hearing evidence at a trial, when he or she will decide who s/he believes has told the truth and/or deserves to receive what was in their application – this can result in a solution neither side wants.