Arbitration

If you have a dispute that is subject to an arbitration clause, we have extensive experience in overseeing all matters of arbitration. We provide authoritative advise on single issue disputes to high value, complex cross-border disputes for individuals, SMEs and companies.

What is Arbitration?

Arbitration is a means of resolving disputes as an alternative to litigation. It is based on the consent of the parties involved: every party involved must agree to submit the dispute for arbitration. The decision of an arbitral tribunal is conclusive and enforceable, much like a judgement.

How is Arbitration Different from Litigation?

The following are key differences between arbitration and litigation:

Contractual foundation: arbitration is based on contract with the rights and duties of the parties to arbitrate arise from the contract itself.

Location: the parties can choose the location of arbitration proceedings.

Appointment of the arbitrator/panel: the parties are able to choose the arbitral tribunal.

Primacy of confidentiality: arbitration is ordinarily confidential

Finality of the decision: a decision by an arbitral tribunal is usually final and cannot be appealed (however a court may set aside an award in exceptional circumstances).

Enforceability: tribunal decisions are widely enforceable given the primacy of a number of conventions such as the New York Convention.

What are the Advantages of Arbitration?

In disputes where the subject matter is highly technical, arbitrators are appointed. The arbitration process on the whole is faster than court proceedings. Arbitration may be cheaper and offer more flexible outcomes for companies. Arbitral awards are generally non-public and can be made confidential.

Mediation

We help you negotiate a settlement that both parties are Happy with so you can carry on with business As usual. We help you resolve Civil & Commercial, Workplace, and Family disputes through mediation.

Why choose mediation?

When trying to resolve business matters, negotiations often come to a standstill. Business Parties are passionate about their work, both parties want to be heard and understood, and both parties want a fair outcome.

Here are some of the benefits of choosing to explore business mediation :

Inexpensive – Mediation is drastically more cost-effective than going through the courts, and all costs are set in stone so you know what you’re paying from the outset.

Quick – A date can be set within weeks, and the majority of cases are resolved on the day of mediation.

Control – Both parties must agree on the settlement, meaning you have direct influence on the final result. In court, you’re leaving your fate in the hands of the legal system.

Repair relationships – Disputes can lead to the breakdown of otherwise prosperous and mutually beneficial relationships. Mediation allows you to compromise understand each other and repair fractured relationships.

High success rate – 90% of business mediation cases end with a successful settlement.

Confidential – Your mediation is 100% confidential, giving both parties the opportunity to be open, honest and transparent.

We can help you in mediation in following cases :

Business Mediation

If you’re looking to resolve a business dispute quickly, with an outcome that suits all parties involved, business mediation is an option worth exploring.

A business mediation is where you draft in an independent, impartial third-party – the mediator – to guide negotiations towards a conclusion that works for everybody.

Business mediation is an option you should explore if you’re looking to :

Resolve a dispute quickly
Save money on expensive legal fees
Keep details and communication confidential
Take into consideration the opposite sides position/compromise

As mediators we use our experience and negotiating skills to proceed towards a resolution that both parties are happy with. Our role is to help both parties work together, break down important aspects of the case and direct proceedings towards a fair outcome that both parties agree upon.

Workplace Mediation

The most prominent Workplace Mediation is required for disputes between employees or between employees and employers used to restore the working relationship and address behaviour problems. We specialise in workplace mediation, resolving disputes between employees or between employees and employers for restoring the working relationship and addressing behaviour problems.

We have a very good success rate and take on complex conflicts and sensitive issues, including mediation between senior management, whistleblowing issues, reinstatement, equality & diversity issues, international staff and cultural conflict, sexual harassment, and breakdown of personal relationships at work.

Civil and Commercial Mediation

Civil and Commercial Mediation is one of the most cost-effective alternative dispute resolution form for resolving disputes between two or more parties. In civil mediation we help an independent person, who has no personal stake in the matter, facilitate the conflicting party to find out a solution themselves rather than going to the Court.

Family Mediation

We can help you with Family mediation for resolving family disputes like separating couples to find out a solution for the issues related to children, finance and other family-related matter. We facilitate the negotiation to find a solution that works for everyone in the family. Our family mediation service can also help in resolving divorce or ending civil partnership cases. We can also help in mediating where there are issues related to children and finances and the Court will expect the parties to consider mediation before applying to the court to hear their case.

Community Mediation

Communities are made of people and individuals having some characteristics in common but not everything. In Community Mediation we help in resolving difference of opinion, ideas or any other point of discussion which creates a dispute rather than conclusion thereby bridging the gap between communities and their members.

To contact us about your case for Arbitration or Mediation please
Email us on : info@emeraldplus.co.uk
Call us on : 00 44 (0) 782 8219 696

Arbitration and Mediation