Intelligent Approaches to Dispute Resolution
Lawyers have always been obliged, in the interests of their client to try to resolve issues amicably.
Unless a point of principal is engaged Court action should be the last resort.
Negotiations will normally be conducted on a without prejudice basis (meaning that it cannot be mentioned in court) and
Recent cases dealing with commercial contracts have also suggested that the obligation of acting in good faith will be implied in commercial negotiations
Nicholas Gomez is an Associate of the Chartered Institute of Arbitrators. He says that upon a review of cases involving Charles Gomez & Co over the last 18 months in which proceedings in Court actually begun, 85% were settled out of court and led to compromise agreements.
“Aside from
These avenues include arbitration for more complex and technical cases, meetings of experts and mediation which can be applied to every case.
Mediation has the advantage that it is non-binding and parties can enter into it without fear that any concessions made will be used against them if a trial cannot be avoided.
Nicholas Gomez reports that in the last 2 years two very major commercial cases, one involving a dispute among shareholders and the other a claim of
At the level of high value building construction alternative dispute resolution procedures, Charles Gomez & Co can count on the expert advice of its consultant David Stewart who has thirty years in the business and is a chartered engineer as well as a barrister.
So, whether dealing with
Did you find this article useful? Contact Nick at nick@gomezco.gi
Next Article by Nicholas Gomez: How an Employer can be Held Responsible for the Wrongful Activities of Employees