Methods of Dispute Resolution
We recognise the advantages to clients of resolving disputes outside of conventional Court-based litigation. We combine wide-ranging practical and technical expertise to provide cost-effective and creative solutions for clients. Our client base is diverse and covers many different sectors.
We advise on the following methods of dispute resolution:
Negotiation
Changing the point of negotiation can often be effective. For example, if a trading relationship has broken down, opening another channel of communication through solicitors can prove a successful way of resolving a dispute. Alternatively, if a dispute is unavoidable, a commercial client is best advised to prepare by having us advise on correspondence, setting out the client's view of the issues in dispute, before the actual dispute happens.
Mediation
Mediation is gaining an increased currency as a dispute resolution method, supported by recent Irish legislative developments.
We routinely advise clients on Mediation and represent clients at Mediation hearings. Our Partners in this area are at the forefront of practice bodies dedicated to promoting Mediation as an effective method of resolving disputes. Four partners of the Firm are accredited by the Centre for Effective Dispute Resolution (CEDR) as Mediators. The Firm hosts an annual Mediation training course conducted by CEDR. CEDR is one of the leading UK alternative dispute resolution organisations.
Expert Determination
We regularly counsel clients on the advantages of seeking to have a dispute resolved through Expert Determination. This process involves the parties to a dispute agreeing to appoint an expert in a particular field to adjudicate. This process can be particularly useful in disputes involving technical or esoteric issues.
Domestic and International Arbitration
We regularly advise clients on many different kinds of domestic arbitrations under the Irish Arbitration Acts including, disputes involving contractual, property, employment, product liability, financial services and IP/IT issues. Our Construction Law Group has expertise in projects and construction arbitrations and disputes - please click here for access to our Construction Law Group webpage.
In relation to International Arbitration, we have experience across a broad range of forums, including the ICC, LCIA and AAA. We regularly advise clients on multi-jurisdictional disputes and international arbitration.
Recent Cases
Our recent experience in Alternative Dispute Resolution (ADR) includes:
- Joe Kelly and Aoife Gaughan from our ADR Group acted as Mediator and co-Mediator (respectively) in the first Commercial Court case which went to Mediation under the Commercial Court Rules. The Mediation was successful, and culminated with the parties involved resolving the dispute without further recourse to the Commercial Court.
- Acting for a number of shareholders in an Expert Determination concerning the proper make-up of the Board of Directors of an Irish company with substantial US assets.
- Representing a large US multi-national corporation in a Mediation involving a dispute with an Irish based senior employee.
- Advising an Irish based Agent in the IT/IP sector on a domestic Arbitration relating to a dispute under the Commercial Agents Regulations.
- Advising an Irish hospital in a mediation which successfully resolved commercial court proceedings brought by the hospital regarding a significant underfunding of the hospital pension scheme.