Mediation, Arbitration and Alternative Dispute Resolution (ADR)
Casalier Chambers also offer clients dispute resolution services. Members of chambers are qualified arbitrators and CEDR accredited mediators.
It is often possible to resolve a dispute through an ADR procedure without recourse to the court. This gives clients the benefit of a rapid, confidential and less costly solution to the dispute that that provided by traditional litigation methods.
Casalier Chambers also offer effective fast track ADR procedures that are ideal for claims under £15,000.
Mediation
Mediation is the central and most frequently adopted form of alternative dispute resolution around the globe. Mediation involves the appointment of a neutral third party who seeks to help the parties in a dispute to reach a negotiated agreement. The mediator becomes actively involved in the negotiation process but has no power to adjudicate or impose an award. Typically, mediations in civil disputes are conducted on a confidential basis and 'without prejudice' to other legal rights or remedies of the parties in the event that they do not reach an agreement to settle their differences. When an agreement is reached it is recorded in a Settlement Agreement and is enforceable as a contract.
Arbitration
Arbitration provides a traditional private alternative to submitting to the jurisdiction of the Courts. In an arbitration, the parties to a dispute contract to be bound by a selected arbitrator and the arbitrator's award is legally enforceable as a Court Judgment.
The arbitrators at Casalier are all members of the Chartered Institute of Arbitrators and conduct arbitration under the rules of the International Chamber of Commerce, the London International Arbitration Centre and the in house procedural rules of Casalier Limited.
The advantages of arbitration are that it is private and the rules and time scales can be tailored to the parties' needs. Additionally the award may be enforced in the same way as a Court Judgment and is recognised internationally under the New York Convention 1952.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) has developed in response to public dissatisfaction with the delays, costs and inadequacies of the traditional litigation process. The generic term of ADR strictly encompasses all forms of dispute resolution that lie outside the formal court process.
However as mediation and arbitration have become increasingly recognised as separate dispute resolution processes, ADR has been used to describe processes that fall outside these catagories. At Casalier, the following ADR processes are adopted:
Early Neutral Evaluation The Casalier barrister is jointly instructed by both parties to a dispute to provide a written opinion on the merits of a particular case. This has the benefit of reducing each parties legal costs and gives a neutral case analysis that can be influential in facilitating an early settlement of the dispute thereby further reducing the costs of both clients.
Following an agreement to settle, the Casalier barrister then draws up a Settlement document that will be binding and enforceable as a contract.
Mini Trial This method is particularly appropriate for large scale disputes. The mini trial takes place over a maximum of two days on the basis of limited documentation although the normal time frame for a Casalier mini trial is half a day.
Casalier provide barristers to represent each party and the 'Judge' for the trial. The trial is conducted in the presence of the Chief Executives of the companies involved or the individuals authorised to settle the dispute. The purpose of the mini trial is to highlight the strengths and weaknesses of each parties case and thereby promote settlement.
The advantages to each party are that it is not necessary to engage outside legal assistance and an early settlement of the dispute can have enormous cost savings.
If the parties wish to settle the case at the Mini Trial, the 'Judge' will oversee the drafting of the Settlement Agreement by Casalier barristers.