We believe in offering dispute resolution solutions tailored to the existing circumstances.
In today’s climate, commercial entities are facing a multitude of unique and challenging situations. As the world adjusts, contentious issues will inevitably arise in what were otherwise amicable business relationships.
In this context, finding a way of preserving relationships and resolving disputes quickly and efficiently between parties that would under normal circumstances wish to continue working together, is an economic necessity. This is something that can be achieved through Alternative Dispute Resolution (ADR).
Our Alternative Dispute Resolution Service
Lewis Silkin has an outstanding team of lawyers specialising in all aspects of commercial disputes, with vast practical experience of modern litigation and ADR, with a number of the team being CEDR accredited mediators. We are now using our expertise to offer ADR services bespoke to these unprecedented times. In particular, we can ensure that parties who are facing early-stage contentious issues receive appropriate help, such as settlement facilitation assistance, early neutral evaluations and mediation.
- Settlement Facilitation Assistance is a service designed to enable parties to communicate directly regarding commercial solutions with the benefit of an independent person who will facilitate a constructive dialogue and seek to prevent an escalation of areas of disagreement.
- Early Neutral Evaluations are a non-binding form of alternative dispute resolution. In this process the parties appoint an independent and impartial evaluator to give an assessment or “evaluation” of the merits of their respective cases. This evaluation may then be used as the basis for settlement negotiations, making the process of resolving the issue more efficient and cost-effective.
- Mediation allows parties an opportunity to meet (virtually) in a more formal environment outside of the courtroom. It is a flexible, voluntary and confidential form of alternative dispute resolution in which a neutral third party assists parties to work towards a negotiated settlement.
How do parties engage during social distancing?
Parties can choose to have neutral evaluations either on “paper” or via telephone or video. Settlement facilitation assistance and mediations can be conducted by telephone or video dependent on the preferences of the parties.
Transparency on cost and fees
Our aim is to resolve disputes in a proportionate and cost effective way. The cost would be split between both parties and be based on the value and complexity of the dispute, the nature of the chosen method of dispute resolution and the resulting amount of time we anticipate it will involve. You will be provided with a fixed fee quote for each dispute at the outset, so both sides would proceed with certainty and clarity.
For early neutral evaluations, fees will be agreed on receipt of papers. For settlement facilitation assistance and mediations, a fixed fee will be agreed based on the issues, volume of paperwork supplied and the time spent with the parties.
As an indication of the likely fee, we provide the following example:
for a standard contractual dispute, of average complexity and up to a value of £100,000 you would expect the fee for an informal mediation to be approximately 10% of the value of the dispute, subject to a minimum charge of £2,500+VAT. This will be split equally between the parties. Each situation is different and we would ensure you received a fixed fee quote that fully reflects the specifics of your issue and preferred resolution method.
These services complement our existing offering and are intended to provide useful commercial solutions which will help parties to resolve contentious issues quickly and efficiently in these times of uncertainty.
How do I get in touch?
If you would like to speak to us about our ADR services, or would like further information, please contact a member of the LS Resolve team or email LSResolve@lewissilkin.com.