DISPUTE RESOLUTION

Expert Reports and Expert Witness

If things have already gone wrong, and two parties disagree and find they cannot resolve the problem themselves, they are obliged to seek outside help. They can do this by resorting to litigation or arbitration - under which a judge or arbitrator will impose a solution - or by enlisting a neutral mediator to guide them towards a mutually-acceptable and voluntary solution.

With a broad understanding of business and a detailed grasp of technology, we can provide clients with clear and objective advice on the points at issue, can suggest practical and realistic action plans and can assemble evidence and prepare expert opinions. 

Normally, once the facts are clear, matters can be settled informally or through mediation.  If the worst comes to the worst, Principal Consultant Adrian Wheal is a practising associate of The Academy of Experts, the UK’s premier body for expert witnesses, and is qualified to provide the type of Expert’s Report required by English courts to determine the issues in dispute between the parties or can act as advisor to one of the parties. 

Mediation and Alternative Dispute Resolution

We also offer mediation and ADR for commercial and technology disputes under the auspices of the Academy of Experts, (who have admitted Adrian Wheal to their register of qualified mediators), and of the Lincoln Centre for Technology and Commercial Mediation. 

Mediation is increasingly being recognised as a speedy and effective alternative to expensive and uncertain litigation.  It is particularly appropriate to IT project disputes, since it can solve problems in ways which allow both sides can continue to work productively together.

Some facts about mediation:

1.     Mediation is surprisingly successful: more than 9 out of 10 mediations are successful.
   

2.     Mediation is quick: most mediation sessions will last no more than a day and can be organised quickly with a fraction of the preparatory work needed for a court hearing.
   

3.     Mediation is inexpensive: the only direct costs will be the mediator's time and expenses and a suitable neutral venue.  Each party will contribute equally to these costs. Legal representation is not necessary on the day, although in significant commercial disputes parties are well advised to have consulted a solicitor beforehand.
   

4.     Mediation is flexible: whereas most court and arbitration proceedings might eventually result in a monetary award long after the damage is done, mediation is quick and flexible enough to allow the parties to co-operate on fixing the problem while there's still time.  This is particularly important in IT disputes, where few modern businesses are robust enough to survive without their key IT systems for long.  A mediated solution might include commitments from a supplier to fix a serious bug within an agreed time-scale, to provide alternative hardware or to make available the time and expertise of key staff.
   

5.     Mediation is encouraged by the courts: for most disputes the courts now encourage the use of mediation.  Indeed, courts are increasingly ordering that mediation is tried prior to hearing and the parties' willingness to do so could influence the award of costs.
   

6.     Mediation is low-risk: a successful mediation results in the parties themselves voluntarily agreeing the solution.  Unlike public judgements in court, no solution can be imposed on either party by the mediator, and confidentiality is assured.  Since the mediation is conducted strictly "without prejudice" by way of negotiating a settlement, in the unlikely event that the mediation is unsuccessful nothing revealed in mediation can be cited in court and neither party can weaken their case by participating.