Arbitration is an alternative form of dispute resolution and provides clients with an option that is more private, flexible and cost effective than solving issues in Court. In most instances, arbitration is used in consumer disputes, such as Holiday Law, Insurance Law and Construction Law. Arbitration is a binding form of dispute resolution and both parties agree to be bound by the final decision of the Arbitrator. This decision has the same legal force as a Court Order.
Kent Carty also advocates the use of mediation as a dispute resolution method, which also offers clients a more cost-effective option. Mediation is often used as a way of solving disputes involved with construction.
Gavan Carty leads the Construction Law team at Kent Carty. Over the years he, together with the team, has advised clients who have received poor service from contractors and architects and helped them achieve compensation. The team also advises architects and engineers on large scale construction contracts.
Mediation differs from arbitration in that it is non-binding. However, mediation also takes place privately and with an independent and neutral individual. The point of mediation is for both parties to try to reach a settlement without the issue being resolved in Court.
Kent Carty’s Personal Injury team of solicitors also advocates mediation as a dispute resolution option for clients who have bullying and harassment, medical negligence or personal injury claims.
A number of our solicitors at Kent Carty are accredited mediators with the Centre for Dispute Resolution (CEDR)and Alternative Dispute Resolution (ADR).
Kent Carty was the first law firm in Ireland to avail of the Provisions of Section 15 of the Civil Liability and Courts Act 2004 when Mr. Justice Feeney granted an order compelling the defendant to attend a mediation conference with regards to a medical negligence claim, in the case of McManus vs. Duffy.