What Lawyers Do



ARBITRATION

Arbitration is an agreed procedure that helps disagreeing parties seek resolution to disputes over legal rights and liabilities.

Arbitration differs from court procedure in that the dispute is referred to an arbitrator, or arbitrators, instead of a court of law.

Advantages of arbitration are;

  • confidentiality,
  • less formality than in a court hearing,
  • the speed within which a dispute can be resolved.

Disadvantages of arbitration are:

  • greater cost - the parties have to pay the arbitrator’s fee unlike the judge in a court of law
  • a limited right of appeal


DEBT RECOVERY

Ways of enforcing the debt against an individual or group of individuals include bankruptcy proceedings, debtor’s examinations to assess that person’s ability to repay the debt to you in instalments, and taking steps to seize property which in turn is sold to recover all or part of the amount of the debt.

If the debtor is a company, liquidation proceedings can be brought against that company. These proceedings are commenced by issuing a statutory demand. If the company does not comply with the statutory demand, it is deemed to be unable to pay its debts and liquidation proceedings can be commenced.

Obtaining judgment against debtors

  • bankruptcy
  • Debtor’s Examinations
  • company Liquidation
  • Obtaining charges over a debtor’s property
  • Distress warrants, charging orders, and other methods of enforcement over property
  • Negotiating repayment schedules with debtors
  • Drafting repayment agreements


DISPUTE RESOLUTION

a) Mediation
Mediation is a very useful procedure but its success depends on co-operation. It is particularly effective in cases where the costs involved in arbitration or court proceedings outweigh the matter in dispute.

b) Arbitration
The real advantage of arbitration is that the parties themselves can dictate the procedures, the extent, and the timing of the resolution of the dispute. You can also select the arbitrator or arbitrators best qualified to determine the issues.

c) Court Proceedings
Court proceedings still have their role. Court is the ultimate place for determining a dispute if Mediation or Arbitration is not successful.