Islington Solicitors

Commercial Litigation FAQs – Islington litigation solicitors

What does ADR stand for ?

ADR stands for Alternate Dispute Resolution.  It includes both arbitration and mediation.  ADR is used for a number of reasons, including:

• Low cost when compared to the courts
• A lot quicker when compared to the courts
• Sensitive issues  and information can be kept out of the public eye
• The parties may be able to retain an amicable relationship

What is mediation ?

Mediation is a form of Alternate Dispute Resolution.  The purpose of mediation is to find common ground between the parties and negotiate a settlement in an informal setting (compared to the courts).  A mediator is a person who is charged with the task of finding common ground between the parties so that a settlement may be reached.  A mediator is likely to have experience in a particular field relevant to the dispute at hand.

What does “without prejudice” mean in the context of commercial litigation ?

If you enter into negotiations with another party (say, mediation), to enter into those negotiations “without prejudice” means what happens during those negotiations will not affect any courts the case is subsequently heard at should the negotiations fail to bring about a settlement.

What is arbitration ?

Arbitration is a form of Alternate Dispute Resolution.  Arbitration is similar to a traditional court setting in the sense that an arbitrator (a neutral third party, perhaps with experience of the kind of dispute at hand) is charged with the task of coming to a decision on a dispute and decide in favour of one of the parties.

What is an expert witness ?

An expert witness is a professional with expert knowledge in a particular field.  In a medical negligence case, for example, a doctor may be charged by the court to give evidence to state whether a particular course of action taken by the defendant doctor was the right one.  Expert witnesses also have a role to play in the context of commercial disputes.  An accountant, for example, may be called upon to give their opinion on a certain financial issue in a dispute.

What is a Conditional Fee Agreement ?

Conditional Fee Agreements are commonly referred to as “no win no fee agreements”.  CFAs specify that in the event the case is lost, you will not have to pay for your own legal fees.  However, you should bear in mind that even though you will not have to pay your own fees, you may have to pay the other side’s fees if the case goes to trial.  An insurance premium can be taken out to cover for this eventuality.  In addition, many types of insurance including car insurance and homes and contents insurance cover for these eventualities, although you should double check with your provider to make sure you have cover.

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