Services - Alternative Dispute Resolution
the better solution

Alternative Dispute Resolution - Mediation

Mediation is the modern approach to facilitate settlement - but is in fact based on age old principles practised thousands of years ago.  It is about win-win solutions.

We provide a full range of service either as Mediator or representing one of the parties, including

1. Advising on the appropriate procedure
2. Drafting the Mediation Agreement and Rules
3. Representing one of the parties,
4. Advising one of the parties on the realistic level of settlement,
5. Drafting the settlement agreement on behalf of one of the parties, together with any associated agreements such as escrow agreements or agreements for delivery of services or merchandise.

Daniel Atkinson has experience representing clients in mediation both in UK and US and has acted as Mediator in a range of disputes.  He is a registered CEDR Mediator. (see Track Record - Mediation)

We believe that Mediation is the preferred solution to many problems and is particularly appropriate in international disputes.

Alternative Dispute Resolution - Med-Adjudication

A suggested Med-Ad Agreement shows one approach in UK and the Med-Agreement (International) shows the approach suitable for legal systems without statutory adjudication. The essence of any agreement is that at any time any party can refer the dispute to adjudication. Unlike a traditional Mediator, the Med-Adjudicator gives preliminary views to the parties on the basis of his meetings with the professionals and witnesses. If the parties settle then this is recorded in a written settlement agreement. If not settled within two weeks, the dispute proceeds to adjudication automatically. The preliminary views of the Med-Adjudicator are not binding on the parties nor on the Med-Adjudicator if the matter proceeds to Adjudication, but the views are recorded in any decision and either confirmed or distinguished in the decision.

Daniel Atkinson has experience representing clients in mediation and adjudication and can act as a Med-Adjudicator.

We believe that Med-Adjudication is a modern approach to resolving construction disputes - providing certainty.

Alternative Dispute Resolution - Adjudication

Adjudication under the Housing Grants, Construction and Regeneration Act 1996 Part II and the Scheme for Construction Contracts Regulation 1998 has changed the landscape of dispute resolution in the UK construction industry.  It provides a truly rapid resolution of disputes and addresses the real problems of the parties.

Full knowledge of Adjudication Law is essential.  The ability to provide immediate practical application of Construction Law is vital to success.  We provide such a service together with realistic assessments of the likelihood of success allied with an understanding of standard forms and Adjudication Rules.  The Service includes different tiered services which can be tailored to the issue and the extent of preparation you wish to carry out yourself:

1. Examination of the merits of the case based on Construction Law and Adjudication Law;
2. Full Preparation of Notices or Responses including the preparation and presentation of evidence for valuation, delay and disruption, extension of time and issues of additional costs and termination;
3. Legal Preparation of Notices or Responses and Review of the evidence you have prepared;
4. Review of Notices or Responses and the evidence you have prepared and advising of necessary amendments;
5. Communications with the Adjudicator on procedural issues;
6. Representation of the parties in hearings or in communications.
7. Advice on enforcement issues.

Daniel Atkinson has represented parties in numerous Adjudications and acted as Adjudicator on diverse disputes.  He lectures and writes extensively on Adjudication. (see Track Record - Adjudication)

Alternative Dispute Resolution - Arbitration

Daniel Atkinson has provided Arbitration Services in both Domestic and International Arbitrations.  The Arbitration Record includes International and Domestic Arbitrations and a range of Arbitration Rules, with experience of jurisdictional issues and enforcement requirements of international arbitrations and with various arbitration rules as well as UK arbitrations.  

We provide an Arbitration Service which allows you to recognise and decide the extent of commitment required to achieve successful resolution by:

1. A clear statement of the issues in dispute;
2. An assessment of each of the dispute issues, including likelihood of success and enforcement difficulties;
3. Advice on the most appropriate means of resolution;
4. An assessment of the time required for resolution, budget fees and the extent of involvement of our client's personnel.
5. Management of the process including advice on options through knowledge of Arbitration Law both in UK and Internationally.

The Arbitration Services include the following;

1. Advocacy by experienced dually qualified professionals
2. Arbitration Management of the advocates, experts and witnesses of fact and the formulation of tactics including examination of fast-track procedures and the timing and level of sealed offers;
3. Preparation of an Arbitration programme and budget fees including monitoring and reporting on a regular basis;
4. Arbitration risk assessment including evaluation of evidence, appraisal of the legal issues, the competence of witnesses and the perceptions of the arbitrator;
5. Recording procedures for recovery of costs;
6. Electronic Data Management in order to make more efficient the examination of documentary evidence and to reduce costs where appropriate;
7. Computerised recording systems during hearings to reduce overall costs.

Recommendations

 

" ...The enthusiasm, imagination, and cooperation displayed, in particular by Danny Atkinson who led the team from the front, along with the hard work and long hours, are all very much appreciated. I would like to express our complete satisfaction with the work you have done on our behalf ... "

 

".... I was very much impressed with the professional and efficient conduct of the settlement negotiation by Mr Atkinson at the recent final settlement meeting."

 

"…I wish to convey to your team, especially to Mr Atkinson my sincere appreciation for such accomplishment and hard efforts and, in addition, their continued dedication to the success of the settlement of the claim…"