At Hailsham, our members’ aim is to resolve disputes on the best possible terms. Sometimes this means going to trial but more often this will mean exploring a settlement prior to trial or appeal. We have enormous experience in all types of Alternative Dispute Resolution, including negotiation, early neutral evaluation, adjudication, expert determination, mediation and arbitration. We think deeply about which form (if any) is appropriate, when it is best timed and how, within a negotiation process, we can capture the most value from our clients’ perspective. We bring this experience to bear in order to find the most appropriate means of reaching a successful outcome.
A number of members of Chambers are accredited mediators and are also available to assist with early neutral evaluations and adjudications or sit as arbitrators. If you would like further details of suitable individuals please contact the clerks team.
Early Neutral Evaluation involves a non-binding, independent and impartial assessment of the merits of a case. This provides a realistic indication of the strengths and weakness for both sides and can inform negotiations
Senior members of Chambers with a wide range of experience in our core sectors are available to perform the role of Independent Neutrals.
Mediation is designed to help parties resolve their disputes quickly, confidentially and cost effectively. Parties involved remain in control of the decision to settle and the terms of resolution but a neutral mediator will actively assist them to work towards a negotiated agreement. Mediation is a particularly useful tool where ongoing commercial relationships are important or where the issues involved are sensitive. Barristers at Hailsham are familiar with the mediation process and are able to assist their clients as they work towards a satisfactory resolution to their dispute.
A number of members of chambers are accredited mediators who provide an expert, independent service.
Adjudication and arbitrations are not negotiated outcomes rather an alternative forum to the Courts leading to determination by a neutral or neutrals. They are particularly common in insurance, construction and commercial disputes. An arbitration award is easily enforceable worldwide as result of the New York Convention and this makes it especially attractive in disputes where assets may be overseas. We have acted in arbitrations in both ad hoc under the Arbitration Act 1996 and in accordance with all the usual institutions (LCIA, ICC, SIAC, SCC etc).
We of course also act in many adjudications involving professional liability work. We helped devise and implement the PNBA/PNLA scheme which is now encouraged by the Courts and the professional negligence pre-action protocol.
Arbitration and adjudication is different from litigation, often with a focus on speed and the precise requirements of the tribunal and very different procedure. Our experience in all this means that our members can assist you with successfully navigating these requirements and we often sound each other out for informal views when novel situations arise.
A number of senior members sit as adjudicator or arbitrators. If you would like further details of suitable individuals please contact the clerks team.