4 alternatives to legal action
<p>Legal action can be costly and time consuming. That being said, whenever you encounter legal problems there are some options around. We’ve taken a look at some of the alternatives to legal action that can see you achieve </p>
<p><strong><span style="text-decoration: underline;">1. Mediation </span></strong></p>
<p>This involves a trained mediator facilitating a negotiation, but not making binding decisions and is usually a good way of solving a dispute with lawyers present or not.</p>
<p>Advantages:</p>
<ul>
<li>Introduction of a third party to appraise the case and a reflective approach to disputes</li>
<li>Focused on interests of parties rather than legal rights and conciliatory in nature</li>
<li>It can be quick, cheap and confidential with scope for non-monetary remedies</li>
</ul>
<p>Disadvantages:</p>
<ul>
<li>No appropriate when a court remedy is necessary</li>
<li>Rarely produces, and mediator has no power to impose binding decision</li>
</ul>
<p><strong><span style="text-decoration: underline;">2. Early neutral evaluation</span></strong></p>
<p>This is a non-binding process where a neutral party gives non-binding evaluations of the merits and flaw of a dispute in general, generally involving the opinion of a QC/retired judge.</p>
<p>Advantages:</p>
<ul>
<li>Can be useful and assist parties that need to break a deadlock.</li>
</ul>
<p>Disadvantages:</p>
<ul>
<li>Process is non-binding and parties can ignore an opinion they disagree with.</li>
</ul>
<p><strong><span style="text-decoration: underline;">3. Expert determination</span></strong></p>
<p>An independent third party with recognised expertise in the subject matter in dispute, assists the parties and helps them resolve the dispute.</p>
<p>Advantages:</p>
<ul>
<li>Quick, cheap and confidential and gives parties a greater knowledge of how the factual evidence is likely to be decided if the case goes to trial.</li>
<li>Can be effective where the parties anticipate a specific type of technical dispute.</li>
</ul>
<p>Disadvantages:</p>
<ul>
<li>Expert has no power to force his findings on the parties.</li>
<li>The parties may provide that the determination of the expert is final and binding upon them, but recourse to the Courts is still necessary to enforce any determination.</li>
</ul>
<p><strong><span style="text-decoration: underline;">4. Arbitration</span></strong></p>
<p>This is when the matter is determined by a professional arbitrator given power to impose a binding decision on both parties. Arbitration can, in that sense, be seen as a direct replacement for litigation.</p>
<p>Advantages:</p>
<ul>
<li>Avoids using the courts and is confidential.</li>
<li>Speedier and more informal than litigation.</li>
<li>Potential for limited discovery.</li>
</ul>
<p>Disadvantages:</p>
<ul>
<li>Costs with arbitrations potentially taking a similar amount of time to litigation.</li>
<li>An arbitrator's award may only be appealed on the limited grounds of manifest error of law on the face of the award, where the question is one of the general public importance.</li>
</ul>
<p><strong>Related links:</strong></p>
<p><span style="text-decoration: underline;"><em><strong><a href="http://www.oversixty.co.nz/finance/legal/2016/01/10-celebrities-who-cut-their-kids-out-of-inheritances/">10 celebrities who cut their kids out of massive inheritances to give to charity</a></strong></em></span></p>
<p><span style="text-decoration: underline;"><em><strong><a href="http://www.oversixty.co.nz/finance/legal/2015/08/3-places-to-safely-store-your-will/">3 places to safely store your will</a></strong></em></span></p>
<p><span style="text-decoration: underline;"><em><strong><a href="http://www.oversixty.co.nz/finance/legal/2016/01/why-you-need-to-appoint-a-power-of-attorney-now/">Why you need to appoint a power of attorney now</a></strong></em></span></p>
