Dispute Resolution
What is Dispute Resolution?
Dispute Resolution is a term used across both commercial and private law and the definition itself is not difficult to arrive at. In its most basic form, dispute resolution is the resolution of a dispute between two or more parties.
What type of work we can undertake for you
The typical kinds of disputes we handle include:
Property repossession
Land disputes
Insurance claim problems
Boundary disputes
Claims against professionals or tradesmen
Issues with rental property
Debt recovery
Problems with high-value goods, such as cars, electrical goods, furniture and caravans
The Three Basic Types of Dispute Resolution
Dispute resolution is the process of resolving a dispute or conflict between different parties. Crucially, dispute resolution can be a way of solving a conflict without having to go to court
Negotiation - Both sides seek to find common ground on a dispute. Considering the view taken by the opposing party is key. However if the parties cannot come to an agreement the negotiation process fails. This leads to other dispute resolution remedies being considered.
Mediation - Both parties involved in the dispute come together, but with an independent party present, the mediator, who attempts to help the parties come to a resolution. The mediator is impartial and it is not their role to come to a decision, but rather to help both sides agree to a resolution. Mediation is not as formal as the arbitration and litigation processes and as a result, it is usually much cheaper. If a resolution can be agreed a settlement agreement is drafted which sets out what both sides have agreed.
Arbitration - An independent arbitrator makes a decision about the dispute. The parties provide evidence and the arbitrator uses this evidence to come to a conclusion. This form of dispute resolution allows all parties to have an influence on the process. As there are no court-imposed deadlines, it can be more flexible. It is also generally cheaper than litigation. Arbitration decisions are legally binding and they are generally able to be enforced in a similar way to court judgments.
Litigation - If the more informal dispute resolution methods fail, then going to court may be the only option remaining. Litigation is usually the most expensive form of dispute resolution.
Work expected to be carried out in this transaction but not included.
Such enforcement action as may be necessary, including bankruptcy proceedings, enforcement through bailiffs and applications for charging orders on property and subsequent sale, such additional work would be carried at our hourly rates.
Fees
We are happy to provide you with a free, no obligation estimate for our debt recovery services. The initial enquiry to discover what the cost will be is free of charge.
Work will be carried out at our standard rates.
The average case is likely to cost between £1,000 and £2,000.
Additional work that may be required that is not included in our standard rate.
Failed Transactions
Should the transaction fail to proceed to completion, then we will charge a proportion of the above fee, as a minimum. We will also add VAT and any disbursements we have paid out on your behalf. Please see as follows:
STAGE TRANSACTION HAS REACHED:
25% of the fee quoted where we have received and considered the draft papers from the Seller’s solicitors or read the Estate Agents Particulars for the Property.
50% of the fee quoted where we have received answers to our preliminary enquiries and received additional search results and any mortgage instructions, if applicable.
75% of the fee quoted where we have advised you on the terms of the purchase and are in a position to proceed to exchange.
Matter Specific Disbursements
Court Fees
The Court fee (no VAT) is dependent on the value of the as set out below:
£0 - £300 = £35
£300 - £500 = £50
£500 - £1,000 = £70
£1,000 - £1,500 = £80
£1,500 - £3,000 = £115
£3,000 - £5,000 = £205
£5,000 - £10,000 = £455
£10,000 - £200,000 = 5% of the claim.
£200.000+ = £10,000
In more complex cases there may be a need for expert fees or counsel fees that usually range between £1,000 and £2,000 plus VAT.
General Disbursements
For more information about general disbursements listed below and their cost please click on the "General Disbursements" button below:
Identification of client.
Telegraphic Transfer fee.
Fee earners specialising in this field. Please click on their profile to see relevant experience.
