Negotiation, Mediation & Expert Determination

We recognise the advantages to clients of resolving disputes outside of conventional Court-based litigation. We therefore combine wide-ranging practical and technical expertise to provide cost-effective and creative solutions for clients. 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 A&L Goodbody partners are accredited by the Centre for Effective Dispute Resolution (CEDR) as Mediators. We host regular Mediation training courses 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.