Mediation, Expert Determination & Arbitration
We recognise that, in most instances, it is better for our clients to avoid a drawn out disputes process. This can often be achieved through strategic engagement with a potential opponent before the dispute arises. Our lawyers are experienced negotiators who can help clients to successfully navigate through potentially contentious situations.
Alternatively, if a dispute is unavoidable, we can ensure that our clients enter the process in the strongest possible position, informing them of their rights and obligations and managing commercial risks. We always consider whether there is scope to resolve a dispute outside of conventional court-based litigation, using our practical legal experience and technical expertise to provide cost-effective and creative solutions for clients. These processes have the additional benefits of certainty and confidentiality, both of which are often priorities for businesses who find themselves in contentious situations.
Mediation is becoming increasingly common as an effective dispute resolution method, particularly as solicitors are required by law to advise claimants of the potential benefits of mediation before issuing higher value legal proceedings.
We routinely represent clients at mediation hearings and a number of A&L Goodbody partners are mediators accredited by the Centre for Effective Dispute Resolution (CEDR), one of the leading UK alternative dispute resolution organisations. This experience, combined with our willingness to meaningfully engage with the mediation process regularly leads to timely and favourable outcomes for our clients.
Expert determination involves the parties to a dispute agreeing to appoint a subject-matter expert to adjudicate on a dispute. It is often prescribed as a dispute resolution mechanism in contracts, where the parties agree at the outset of a commercial relationship that they do not want to end up in litigation in the event of a dispute. In other situations, we advise parties on the merits of this dispute resolution process, which can be particularly useful in disputes involving technical or niche issues.
We also have experience of designing bespoke dispute resolution solutions for clients. For example, the creation of expert adjudication panels of independent persons to determine complaints. This can be particularly useful in dealing with a high volume of complaints which are broadly similar in nature. Such innovative solutions allow the fair and independent determination of complaints and tend to be more efficient and cost-effective than traditional litigation processes.
We have considerable expertise in both domestic and international arbitration law and are widely acknowledged as a leader in this field. Our team has experience of arbitrations conducted under all major institutional rules.
Under Irish law, the UNCITRAL Model Law on International Commercial Arbitration applies to all arbitrations which take place within the State, while still allowing scope for individuals and businesses who are parties to international contracts to vary the terms of the arbitration clauses in their contracts to best suit their individual needs. This makes Ireland an ideal location for the resolution of disputes through arbitration and our team can expertly guide you through the process. Arbitrations are particularly common in Construction and Infrastructure disputes and we have a dedicated page with further details here.
on the successful mediation of a number of customer complaints.
Real estate development company
on the successful tripartite mediation of injunctive proceedings allowing the client to proceed with plans for a large commercial development.
Large investment bank
on the mediation of a professional negligence claim, which was resolved successfully.
Acting as mediator
in a wide variety of disputes including disputes regarding termination of technology contracts; earn-out provisions of share purchase agreements and post-sale warranty claims arising.
Designing an independent review process
to address customer complaints for a number of Irish financial institutions in consultation with the regulator.
Irish financial institution
on the successful expert determination of a €20m claim arising from a loan portfolio sale.