Increasingly the Courts expect parties to a dispute to try and resolve their differences without expecting the Court to do so for them. There are costs penalties for parties that unreasonably refuse to engage with Alternative Dispute Resolution
Formal mediation where an independent third party is appointed to try and assist the parties to reach a negotiated compromise has become increasingly popular and can present a means of resolving disputes through more creative solutions than a formal court process often at a reduced price. We have significant experience in mediation and find that for most disputes it is an option that must be considered.
There are other forms of alternative Dispute Resolution that may also work for you from adjudication and arbitration to more recent developments such as Early Neutral Evaluation, whereby with the parties agreement the court can give an indication as to how it might resolve the matter.
We are mindful of the benefits of Alternative Dispute Resolution and believe that used correctly it is usually the best means of resolving any dispute, it allows the parties to the dispute to control the terms of its resolution which must always be preferable to allowing the Court that power.