It is important to recognise that disputes can often escalate quickly but understanding how they can be resolved may help you to bring your dispute to a close.
When you are facing a dispute, your first option should always be to talk about it. Many disputes are brought to conclusion by the parties getting together and discussing the issues calmly. However, the disputes may have escalated beyond this stage of the process and you should be aware that trying to have a discussion about a dispute could potentially escalate things further, so you should weigh up the potential outcome of this type of discussion.
Where you cannot resolve your dispute by talking, having a third party trained in this type of situation, could help. These are people called Mediators, who are trained to enter into the details of a dispute with both parties and to make a decision on the outcome of the dispute.
This could be an effective way of resolving your dispute, and sometimes when a third party is involved, it becomes easier to compromise a little and reach a resolution, but there are some potential pitfalls with mediation.
Both parties involved in the dispute have to agree to take part in mediation and therefore if one party does not want to take part, it is unlikely that mediation will take place. In addition, the decision reached by the mediator is not legally binding and therefore there is nothing to stop either party breaking the agreement.
Finally, your last option is going to court. This is called litigation. Taking your case to court will give you the opportunity to bring the dispute to resolution, however you must consider the outcome and the possibility of losing your case. The implications of this are the legal costs you will have to pay and the legal requirement to stick to the judgment given.
For more information about this article or any aspect of our disputes and litigation services, please call Chris Jolly in our Westbury office on 01373 865577 or email email@example.com and we will be delighted to help you (there is no charge for initial telephone discussions).