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Dispute Resolution


As a business or an individual, disputes do unfortunately arise. We offer clear advice from the beginning, initially advising you on whether it would be cost efficient for you to pursue a claim and whether the problem can be resolved at an early stage without the need for litigation (the conduct of a lawsuit).

If matters do reach a trial, we offer full support and will advise you step by step on the procedure involved. Our highly experienced team offers high quality, practical and detailed advice on a broad spectrum of potential disputes, in order for the dispute to be resolved as quickly and fairly as possible.

Being a Resolution member means that Beacon Wealth Legal are committed to the constructive resolution of disputes and follow a code of practice for family law that is widely recognised and adopted by the Law Society.

Beacon Wealth Legal can help with all different disputes including;


Individual Disputes


Individual disputes are common and cover areas such as:

  • Individual work place disputes
  • Neighbour disputes
  • Disputing Debt

Probability dictates you are likely to be involved in some kind of dispute throughout your lifetime. When it arises Beacon Wealth Legal can offer help and support, contact us.

Individual Disputes

Individual Workplace Disputes

Conflicts at work may be a disagreement between you and your manager, or you and a co-worker. Any conflict can get in the way of work and this then makes a business less productive. Some issues that can cause conflict at work are:
  • Insufficiently trained management
  • Unfair treatment
  • Unclear job roles
  • Poor communication
  • Poor work environment
  • Lack of equal opportunities
  • Bullying and harassment
  • Unresolved problems
  • Increase in workload

When individual workplace disputes happen the aim is to settle them outside of court. Many disputes can be settled informally between the individual and line manager, however, some cases can escalate and become formal legal claims.

Neighbourhood Disputes

Neighbourhood disputes are very common. If you are having a disagreement with your neighbour, moving house should be the last option. Disputes between you and your neighbours can include the following:

  • Boundary Disputes
  • Rights of Way and other rights over neighbouring
  • Noise complaints
  • Children’s behaviour in the neighbourhood
  • High Hedges

We understand that disputes with neighbours can become highly sensitive and cause tension. Our team is equipped to advise you on your rights and offer effective solutions to remedy the issues and prevent the dispute spiralling out of control.

Disputing Debt

You may have trouble recovering money owed to you by someone refusing to repay you. It may be that someone is claiming to be entitled to money from you and you believe that this is not the case. You may be able to argue that you do not have to pay the money back if:

  • You did not sign a credit agreement or someone else signed it
  • The lender did not follow proper paperwork procedures
  • You were underage at the time of the agreement
  • The time limit for recovering the money has run out
  • The agreement you signed was legally unfair

Commercial Disputes


Contractual and commercial disputes can be costly, time consuming and stressful. Minor disputes can escalate, and damage your relationships and image with customers and suppliers. Written contracts with customers and suppliers minimise the risk of disputes, they also outline how existing and future disputes should be settled.

Commercial disputes can arise from many things, including a payment default on delivery of goods or service. Or it may be that a contract or a written agreement exists and it has not been honoured or a breach has arisen, in which case we may be able to recover money owed to you and enforce provisions.

If a dispute does arise firms should try Mediation as a first priority and Litigation should be a last resort (resolving disputes in the court system).

Commercial Disputes

Litigation

Litigation is a long and expensive process, which is why it should be used as a last option, however, if matters do reach trial Beacon Wealth Legal litigation team have over 40 years’ experience to help and advise you.

For further information regarding litigation, please do not hesitate to contact us.


The Process of Litigation


Parties first discuss their issues and once it has become clear that no understanding can be reached, both sides will seek a solicitor. After this stage one party may send a demand letter (letter to describe what must be done in order for the matter not to be taken to court). The other party would then have a chance to reply by either agreeing to the offer or choosing to do nothing at all.

If the dispute cannot be settled then one party will file a formal claim. If either party has not hired a solicitor this is the time to do so as filing and responding to a lawsuit is very complex. Shortly after the lawsuit has been filed each party will conduct ‘discovery’ (mandatory exchange of documents and information).

The next step is for parties to review everything that has been found during the discovery process, at which point the defendant will likely file a motion: The defendant argues that even if the claimant’s (a person who brings a case against another in a court of law) facts are true, the law does not recognise the situation as one that the defendant will be held responsible. If the judge agrees, the claimant loses, but if the judge denies the motion the case proceeds.

Finally the case will be heard by the Judge. Witnesses will be called to testify and evidence will be submitted. Solicitors from both sides will also present arguments on why their side deserves to win. When it is all over the losing party still have the right to appeal, which will most likely happen if large sums of money are involved.

A commercial dispute can be a very long and stressful process. For help and advice regarding a commercial dispute please do not hesitate to contact us.

The Process of Litigation

Mediation


Mediation is a way of sorting through disagreements, where a mediator helps you to find a solution to your problem.

Mediation aims to help people solve problems they may have such as:

  • Allowing people to see how they could resolve the situation
  • Allow people to come up with their own solutions to benefit everyone involved in the dispute
  • Allow people to rebuild their relationships
  • Work together to find an agreement

Mediation is generally a cheaper and quicker solution than going to court. It can be used to settle a wide range of disputes, including individual and commercial. It is best to start the mediation process as soon as the problem occurs to stop the problem escalating.

Mediation

Mediation gives you a chance to talk through your side of the story in a supportive environment. It also allows you to start to resolve the problem.

If both sides agree to come along to a meeting the mediator will:

  • Explain how the meeting will work and ask everyone to agree on some basic ground rules
  • Everyone will have a chance to talk about how the issue has affected them
  • The mediator will help both sides agree on the issues that need resolving
  • Once an agreement has been made it is usually written down and signed by both parties

Beacon Wealth Legal are Resolution Members which means we are committed to the constructive resolution of family disputes. The principles of this code have been widely recognised and adopted by the Law Society as recommended good practice for all family lawyers. Mediation is also used in litigation, and in this case it would be an independent court appointed mediator.

Beacon Wealth Legal have the correct experience to advise you on many aspects of Alternative Dispute Resolution and Mediation whether you are an individual or a business. We will guide you through how and when to use such alternatives to minimise any impact on costs and reputation. For more information please do not hesitate to contact us.


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