Mediation & arbitration

Mediation & arbitration

"Shoosmiths enjoys a well-deserved reputation for the high calibre of its work. They are cost-conscious and extremely commercial in their outlook."

Chambers UK

Excellent service and legal advice from team specialising in mediation & arbitration and litigation and legal disputes delivering an amazing client experience for companies in the UK.

Whilst much is written about the positive obligations on parties to explore alternative methods of resolving disputes and the potential cost sanctions for unreasonably failing to do so, the commercial benefits of an early resolution on appropriate terms make the most compelling case for alternative dispute resolution (ADR).

Avoiding lengthy litigation will prevent escalation of significant legal costs, diversion of management time away from a business' core commercial activity and deliver greater certainty avoiding inherent litigation risk.

Whether mediation, arbitration or more exotic forms of ADR such as expert determination, our team has been hugely successful in guiding clients through the process.

Our commercial litigation specialists have particular expertise and experience in:

  • providing strategic advice on when and how to raise ADR as an option - gone are the days when suggesting mediation is seen as a sign of weakness
  • what process to use
  • who to appoint as mediator/arbitrator/expert
  • managing the process including positioning our client's case at the outset of a mediation with a view to delivering strategic outputs
  • advising clients on when to hold their ground or indeed withdraw from the process - settlement for settlement sake is not our objective

Recent experience includes:

  • Acting for a retailer in its defence of a claim for unpaid licence fees brought by a US software licenser totaling £27m. A settlement of £600,000 was achieved at mediation without proceedings being issued
  • Advising a private equity fund on a warranty claim and earn out account dispute following completion of a corporate transaction. The dispute was resolved favourably at mediation shortly after proceedings began
  • Advising an automotive parts manufacturer in defending a claim brought by a former customer. Although the parties were not able to resolve the dispute at mediation, the mediation process provided them with greater understanding of the other side's position, which instigated ongoing dialogue leading to successful resolution in the months immediately following the mediation.