Wherever possible you should manage and resolve disputes without litigation.
Your main choices to do so are:
The choice depends on what stage you’re at. CDMC National offers a triage service to help you work out what this is.
Our 8-step dispute handling protocol that includes triage, as well as our negotiation and mediation services are fully explained elsewhere on this website.
Arbitration allows the parties, with the help of their lawyers, appoint a qualified private arbitrator to make a final and binding decision about the dispute rather than have it determined by a judge or a tribunal.
Once the private arbitrator is appointed, the arbitrator will establish the procedural rules to manage and determine the dispute and set up the timetable. The timetable will cover such things as production and exchange of documents, production and exchange of a summary or outline of each party’s case, production of an agreed statements of facts, affidavits and so on.
A well-managed arbitration can allow the dispute to be heard and decided much quicker and less expensively than if it was litigated in court. The proceedings are conducted in a less formal way and hearings are conducted in an arranged arbitration hearing room rather than in a courtroom.
CDMC National is in the process of creating a national panel of experienced and highly skilled negotiators, mediators and arbitrators.
During the triage step we can evaluate the needs and requirements of your dispute and introduce a choice of arbitrators to you and your lawyers to consider. Once you make your choice you will enter into an agreement with the arbitrator to arbitrate your dispute.