Dealing with a dispute, whether it is small or large, can be a particularly stressful experience, especially if you are unsure about the costs and procedures involved.
Our Litigation Team regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively.
Options
There are a number of options available in law to someone owed money. It is important that these options are attempted at some point before court proceedings are issued, as the legal costs and court fees could potentially be high. The alternative remedies are not only more cost effective, but can also be much less time consuming in the long run. These include:
Before seeking professional advice, it is highly advisable that you speak to the person who owes you the money first. It is possible that an informal agreement may be negotiated for a plan to get the money repaid.
Failing that, you should write them a letter advising how much they owe, what it’s for and what you have already done to try and get the money. During this stage, it is important to keep details of all your correspondence as this could potentially be relied upon later in Court. In addition, you should avoid being drawn in to long, drawn out, heated discussions. If you are unable to come to an agreement at this stage, other steps should be taken.
Mediation is a very effective way to resolve disputes without the need to go to court. The process involves an independent third party, known as a mediator, to help both sides reach an agreement. The process is treated with strict confidentiality and the decision making rests solely with the participants involved.
Mediation is a voluntary process and will only take place if both parties agree. It is important to note however that Courts are increasingly expecting parties to have attempted mediation at some point in the past before issuing Court proceedings.
Seeking legal advice is advisable if, after having used mediation, you are still unable to come to an agreement over the debt. At City Law, we are able to contact the other party on your behalf, advising that legal action may be taken if payment is not made.
In addition, we can also help define your case in legal terms, advising of your rights in law and providing clear, easy to understand, legal advice tailored to your circumstances.
Court action is advisable if, having explored alternative options, you are still unable to settle the matter. Due to the high risk nature of this approach, it is important that such an option is only ever used as a last resort.
You should be aware that unlike previous options, Court proceedings potentially take months to complete with no guarantee of success. For this reason, it is vital that professional legal advice is sought before pursuing this path. At City Law, we can assess your case to advise whether Court action is an appropriate and effective solution to go down.