Litigation or Mediation - Choice Can Cost; Mark Elder, Partner and Head of Commercial Litigation at the Birmingham Offices of Law Firm Irwin Mitchell LLP, Looks at the Merits of Litigation and Mediation in the Dispute Resolution Process. He Is Also an Accredited Mediator with ADR Group

The Birmingham Post (England), February 4, 2010 | Go to article overview

Litigation or Mediation - Choice Can Cost; Mark Elder, Partner and Head of Commercial Litigation at the Birmingham Offices of Law Firm Irwin Mitchell LLP, Looks at the Merits of Litigation and Mediation in the Dispute Resolution Process. He Is Also an Accredited Mediator with ADR Group


Byline: Mark Elder

Tough economic conditions have led to tougher attitudes in the business community. Companies are demanding not only added-value services but also straightforward no-nonsense business dealings with their suppliers and customers. Dealings with their legal service providers are being treated no differently.

Whilst the conditions have, ironically, seen an increase in commercial disputes, fuelled no doubt by companies wishing to recover overdue monies and the like, in more affluent times companies would have not given a second thought to progressing matters by way of litigation. However, in these challenging economic conditions where a shortage of cash may engender a reluctance to litigate, companies are looking for "litigation guidance" and/or a more cost efficient alternative to being locked into a lengthy litigation process.

Whilst litigation has long been regarded as expensive, even after Lord Woolf initiated reforms in 1998 with the intention of enhancing access to justice by reducing the time and cost of litigation, having conducted client service reviews we have listened to our clients' feedback with regard to the litigation process. Essentially, our clients have indicated the need to be in control of the actual process, cost and direction. As a consequence, we therefore provide clients with an early risk assessment of the merits ensuring that the legal, quantum and evidential issues are addressed from the outset. This risk assessment is then closely monitored via bespoke software and should the working parameters of the assessment change in any way it is updated and the client informed as to the implications. Off the back of the risk assessment, should the client then decide to commit to litigation, my team offers a variety of funding options tailored to their specific situation. From compartmentalising/ capping legal costs for defined aspects of a dispute to offering a Conditional Fee Arrangement ("CFA"), After the Event insurance ("ATE") and third party funding options, Irwin Mitchell LLP offers considerable expertise in this area as the UK's fifth largest litigation practice.

That said, an ever popular alternative to litigation is that of mediation (sometimes referred to as ADR or Alternative Dispute Resolution). The increasing popularity of mediation is due to the fact that it is now recognised as one of the fastest and most cost effective routes to achieving settlement of a dispute.

Mediation, in a broad sense, is an effective way of resolving a dispute, involving an independent third party, without the need to go to Court. Mediators have no advisory role, instead they work towards helping the parties develop a shared understanding of the dispute in question. They use appropriate techniques and/or skills to open and/or improve dialogue between the parties, aiming to help facilitate a resolution if possible. In terms of how a typical mediation is conducted, the parties and their advisers meet at an agreed location. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Litigation or Mediation - Choice Can Cost; Mark Elder, Partner and Head of Commercial Litigation at the Birmingham Offices of Law Firm Irwin Mitchell LLP, Looks at the Merits of Litigation and Mediation in the Dispute Resolution Process. He Is Also an Accredited Mediator with ADR Group
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.