32 law
Dispute resolution flourishes as the Thames Valley invests in mediation
With many businesses feeling a cautious return to confidence, the number of individuals and companies seeking to protect themselves through dispute resolution is on the rise
In response to this growth, legal firm Herrington & Carmichael has expanded its dispute resolution team with the addition of litigation specialist Frances Redding. Redding joined the firm as a senior solicitor in April and says the increased interest in mediation is a clear sign of economic recovery in the region.
“When a person or organisation finds themselves involved in a dispute, they have three options: take the matter to court, reach a resolution that’s acceptable to both parties or simply walk away,” she explained. “Sadly, in the grip of the recession, the latter became common – people were afraid to risk fighting their corners, even if it meant losing out on something to which they were contractually entitled.
Frances Redding
'Taking a dispute to court can be expensive and the longer the case takes, the more costly it becomes. That’s where dispute resolution comes in'
“Now the green shoots of the recovery are growing strongly in our region and companies have the funds to protect their hard-earned success.”
In this climate, it’s no wonder Redding and her team are in demand. Dispute resolution can be an extremely effective alternative or precursor to court action, often resulting in better outcomes and greatly reduced costs.
“Taking a dispute to court can be expensive and the longer the case takes, the more costly it becomes. That’s where dispute resolution comes in,” said Redding. “In some areas, such as landlord and tenant disputes, we resolve around 75% of cases successfully without needing to go to court, delivering a huge saving for our clients.
“Even in cases where court action proves unavoidable, there’s still a benefit. In a recent co-ownership dispute we were able to reduce the number of issues to be dealt with through mediation, cutting the number
www.businessmag.co.uk
other words, if the case does end up in court, whatever information is shared during the mediation process can’t be referred to as evidence. That means all parties can be completely frank and open.
“We can then choose the most appropriate approach for our client, from appointing an expert adjudicator to setting up round table meetings or bringing in a mediator. I’ve found using mediators can have a particularly high success rate, around 80% in some cases.”
Redding added, “What’s really important about dispute resolution is the opportunity it offers to salvage relationships. Whether it’s a contract dispute or a probate case, it’s likely that the parties will need to have further contact in the future. Being able to resolve differences without going to court can have an extremely positive long-term impact for everyone involved.”
Redding made the move to Herrington & Carmichael after the firm identified a spike in demand for mediation from clients in the area of its Wokingham office but, like all the firm’s solicitors, Redding’s expertise is available to clients across both its Wokingham and Camberley offices. A Thames Valley girl born and bred, Redding was attracted by the prospect of becoming part of the firm’s well-respected team.
of days in court and thus significantly reducing the cost to our client.”
Redding acknowledges the financial benefits of dispute resolution, but stresses that its advantages go far beyond simple economy.
“I believe one of the most valuable aspects of dispute resolution is the opportunity it provides for greater flexibility and scope in finding a solution that’s acceptable to both parties.
“For example, a court can’t order a future contract to be entered into but, as part of the dispute resolution process, one party might commit to giving the other a future discount or other benefit as a means to reaching agreement on the current issue. That kind of creative problem solving just isn’t possible in court.”
Herrington & Carmichael deals with a wide range of cases, from intellectual property and partnership disputes to small claims and disputed boundaries. Depending on the specifics of the case, there are a number of approaches recommended by Redding and her team.
“An important feature of dispute resolution is correspondence without prejudice – in
THE BUSINESS MAGAZINE – THAMES VALLEY – JULY/AUGUST 2014
“There are now six of us in dispute resolution and we’re looking to take on an additional member of staff at a junior level in the near future,” she said. “For clients, that means you get a real breadth of expertise that can be tailored to fit your needs – and budget.
“We know that dispute resolution is a distressed purchase so we try and make the whole process as painless as possible by giving plain-speaking advice to help clients through a difficult phase in their life or business.”
Details: Frances Redding 01276-686222
frances.redding@
herrington-carmichael.com www.herrington-carmichael.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56