Menu
Contact Us
Dispute Resolution
image placeholder - Is Court the only way? Dispute Resolution

When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Our specialist Litigation team are on hand to help you with any queries you may have.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

Read More

image placeholder - Is Court the only way? Dispute Resolution

The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

Read More

image placeholder - Is Court the only way? Dispute Resolution

At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

Read More

image placeholder - Is Court the only way? Dispute Resolution

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

Read More

image placeholder - Is Court the only way? Dispute Resolution

When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

Read More

image placeholder - Is Court the only way? Dispute Resolution

A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

Read More

image placeholder - Is Court the only way? Dispute Resolution

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - Is Court the only way? Dispute Resolution

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Is Court the only way? Dispute Resolution

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Is Court the only way? Dispute Resolution

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Is Court the only way? Dispute Resolution

You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

Read More

image placeholder - Is Court the only way? Dispute Resolution

When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

Read More

image placeholder - Is Court the only way? Dispute Resolution

We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

Read More

image placeholder - Is Court the only way? Dispute Resolution

We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

Read More

image placeholder - Is Court the only way? Dispute Resolution

A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

Read More

image placeholder - Is Court the only way? Dispute Resolution

A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

Read More

image placeholder - Is Court the only way? Dispute Resolution

It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

Read More

image placeholder - Is Court the only way? Dispute Resolution

It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

Read More

image placeholder - Is Court the only way? Dispute Resolution

There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

Read More

image placeholder - Is Court the only way? Dispute Resolution

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

Read More

image placeholder - Is Court the only way? Dispute Resolution

From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

Read More

image placeholder - Is Court the only way? Dispute Resolution

A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

Read More

image placeholder - Is Court the only way? Dispute Resolution

It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

Read More

image placeholder - Is Court the only way? Dispute Resolution

As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Read More

image placeholder - Is Court the only way? Dispute Resolution

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

Read More

image placeholder - Is Court the only way? Dispute Resolution

An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

Read More

image placeholder - Is Court the only way? Dispute Resolution

It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

Read More

image placeholder - Is Court the only way? Dispute Resolution

Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

Read More

Is Court the only way? Dispute Resolution

When people receive legal correspondence as a pre-cursor to litigation, they may believe that...

Back to News and Events

Is Court the only way? Dispute Resolution

20th October 2017

News : Litigation

When people receive legal correspondence as a pre-cursor to litigation, they may believe that Court is the only answer. That is far from the truth. Court is, now as ever, to be seen as an absolute last resort if the parties are unable to resolve the dispute between themselves or by finding that resolution through an alternative method. At Poole Alcock LLP, we are experienced to deal with all types of dispute resolution. We are ready to assist you and support you whichever turn your case may take.

Exchange of correspondence

A lot of the time, matters can be resolved simply by addressing initial correspondence sent to you. Most disputes can be resolved between the parties provided that correspondence is dealt with. Sometimes, Solicitors are appointed at a stage when the parties have, between themselves, attempted to resolve the matter with exchange of emails and letters and, as such, this avenue may have already been exhausted by the time we are instructed. However, the power of a Solicitors’ letterhead may be all it takes to bring a swift resolution to a matter.

Round table meeting

If letters and emails do not work, it may be appropriate to meet face to face with the other party. This can be undertaken with the support of your Solicitor. Both parties can then seek to resolve a dispute between themselves. If a resolution cannot be sought, then round table meetings are often useful. The purpose is to try and establish the real issues in a case and to understand what a party is particularly upset about. This can assist in not only narrowing the issues of a dispute but also in understanding what makes the other side “tick” when it comes to sending future correspondence in trying to bring the matter to a conclusion.

Arbitration

Like a Judge, an arbitrator can decide a dispute when both parties agree to enter into an arbitration process. The parties must agree to the process in order for the arbitrator’s decision to be binding on all parties. One benefit of arbitration is that the matter remains confidential, unlike Court proceedings which are of public record. This may be particularly appealing to larger corporate clients who may wish to resolve a dispute without having the scrutiny of independent third parties.

Adjudication

Sometimes an alternative dispute resolution procedure may be detailed within a contract between the parties. This is particularly prevalent in the construction industry where parties will agree to undertake adjudication should a dispute arise. The procedure is also detailed within legislation in certain circumstances. Adjudication is a particularly swift method of resolving disputes. The basis behind it is to allow construction projects to continue. It allows them to not get bogged down in lengthy litigation, thus halting construction works.

Expert determination

Sometimes the key point in a dispute will rest upon the opinion of an expert. Rather than proceeding through a lengthy litigation case, parties may agree to refer a matter to an independent expert. Similar to an arbitration, they agree that the decision of the expert will be binding. A swift resolution can be found in such circumstances where the general facts of the case are agreed and the only issue to be decided would rest upon the opinion of an expert in litigation proceedings in any event.

Mediation

Probably the most well known method of alternative dispute resolution, mediation is a voluntary process entered into by the parties. An independent mediator will assist the parties in reaching their own settlement agreement. A mediator does not have the power to impose a decision upon the parties unlike some options discussed above. In a mediation, as with a round table meeting or exchange of correspondence, any settlement that is reached is down to the parties reaching that settlement through discussion and, more often than not, an element of concession. Undoubtedly cheaper than proceeding through a lengthy litigation battle, mediation is becoming more and more prevalent.

Dispute Resolution – Summary

Whichever route your dispute proceeds down, be it through to litigation at the Court’s door or by one of the alternative methods of dispute resolution, we assure you that the Solicitors at Poole Alcock LLP have a wealth of experience in dealing with bringing disputes to a swift resolution that meets our clients expectations.

To discuss your requirements, and to book an initial consultation, contact one of our expert solicitors in our Litigation team on 01270 762325. Alternatively you can visit our litigation services page here or complete the form linked here and we will call you back.

Sign up to our eMagazine