7 Common Misconceptions About Dispute Resolution
1. Dispute resolution involves going to Court
Not always. In fact, the Court rules are specifically designed to encourage the parties not to go to Court. The rules insist on the early exchange of information before court proceedings begin in order to help the parties understand the strength of their positions before they proceed . Court is just one option available to the parties. Many disputes are resolved early through the parties writing to each other and the lawyers negotiating a settlement.
2. Bailiffs can turn up at your door unannounced
Legitimate bailiffs will usually provide 7 days’ notice before they visit. Their attendance is almost certainly as a result of a court process that you should already be aware of such as the obtaining of a County Court judgment. Check their ID and verify that they are who they say they are online.
3. At a mediation, the mediator will decide whether or not I have a strong case
No. The mediator might test the strength of your case in private but is not there to form an opinion or to make a decision. They are there to try to achieve a resolution without Court. This might not necessarily reflect the legal position.
4. Litigation is expensive
Not always. Whilst it can be very expensive, often cases are settled early and cost effectively.
5. If I win my case, I will recover all of my costs
As a general rule, you only recover around two thirds of your costs and must pay the rest yourself. If you achieve a resolution without issuing court proceedings, usually you are not entitled to payment of your costs.
6. Once Court proceedings have started, my case is going to trial
Probably not. Whilst the case will be timetabled to a trial, the majority of cases settle before trial.
7. Litigation will provide justice
Not always. Your view of justice and the legal position can sometimes be different. For example, if you have been trading without terms and conditions, the law might not prevent a third party taking advantage of you.
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