In response to the current crisis, many of our traditional ways of operating are no longer available to us. Many are working differently and certainly operating in unchartered waters, with many unknowns. The potential for disputes to arise increases in times of crisis. Whether it be through necessity, consequence or intentional, obligations and expectations may not be met, and conflict arises.
Nockolds Resolution deliver Alternative Dispute Resolution (ADR) providing more flexible and agile approaches to resolving conflict and disputes so those involved can focus on other priorities.
Why do we need to look at alternative ways of dealing with disputes?
- With courts unable to operate in the same way, or even at all, the traditional access to justice and court processes is difficult to achieve. Proceedings themselves will be delayed and court hearings will be delayed. The guidance issued by HM Courts and Tribunal Service shows the fast action taken by the courts to increase remote hearings by phone and video conferencing, but there will be an impact on the length of time proceedings take to reach a conclusion;
- Traditional credit control and debt recovery measures may be delayed or stymied;
- Reputationally, organisations may not want to be seen as taking a ‘heavy hand’ by issuing court proceedings;
- The legal process and ‘rights’ may be inconsistent with the reality we currently face;
- It is more cost effective than traditional, adversarial routes, and indeed in our current mediation schemes, mediation is cost saving;
- Mediation can be conducted remotely via phone or video conference. Nockolds Resolution have been successfully conducting industry wide telephone mediations between regulated businesses and their consumers for over six years.
Mediation is a dispute resolution approach which is accessible, and the parties can agree to work together, with the mediator to find a practical solution which is achievable. Mediation is particularly effective in identifying and addressing the emotional elements and root causes of disputes and complaints supporting an ongoing relationship between the parties. It can get to the heart of a dispute and then works with both parties to find a resolution they can both accept.
In the current climate, ADR offers a fast paced, context and resolution focused means of resolving issues, allowing the parties to deal with many other challenges present in their personal and commercial lives.
To find out more about ADR and how it can help you, please contact Jennie Jones on 01279 712580 or email jsj@nockolds.co.uk