DISPUTE RESOLUTION

Dispute Resolution Services

We can accept appointments to act as Mediator, Expert Determiner, Adjudicator, or Arbitrator.

Our Principal Solicitor, Ross Taylor,

Adjudication is a fast track method of dispute resolution and  a popular in the construction sector.  It usually takes between four and eight weeks.

Arbitration is, essentially, litigation by agreement.  The parties agree, before or after the dispute arises, to arbitrate rather than litigate.  The parties may agree on the procedure to be followed, but otherwise the law where the arbitration is based will govern the process.  In Scotland this is the Arbitration (Scotland) Act 2010.

Expert Determination: This procedure is best used where there is a discrete argument of fact between the parties, such as the quality of works undertaken.  Expert Determination can be used in the context of a litigation.

Litigation: Generally, there is a right to litigate a dispute by raising an action in court.  An action can be raised either in the sheriff court, or in the Court of Session.  Certain types of dispute can only be raised in the Court of Session.  There are also different procedures in each of these courts.

Mediation is about facilitating the parties to come to their own agreement.   Mediation is used as much in commercial disputes as it is in Family disputes.

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