How to solve disputes
Today there are many ways to resolve legal problems. The problem doesn't have to end up in court. These pages tell you more about the different ways. This part of our website also has a section on common legal problems.
Whatever the problem, and however you decide to resolve it, consider using a solicitor – they can help in many ways:
- initial advice to understand the situation
- help choosing how to resolve the dispute
- help with the particular method you choose to resolve the dispute with
- representation throughout your case
Different ways to resolve a dispute
These are the most common methods. Many are alternatives to a court claim.
Ombudsman schemes
These resolve disputes with particular organisations or disputes about particular services. Often used for disputes with local councils about education and public housing, disputes with housing associations, the NHS, banks, insurers and estate agents.
Special schemes
Sometimes you have to use a particular scheme to try to resolve a dispute before making a claim.
Negotiation
This is where you or your solicitor try to agree how to resolve the dispute with the other person.
Collaborative family law
You and the other person appoint specially trained lawyers and sign an agreement to try to reach a solution without going to court.
Mediation
You and the other person agree to appoint a neutral third party to help agree a solution.
Evaluation
You and the other person appoint an independent third party to give an opinion on a point of law or the likely outcome if you go to court.
Adjudication
You and the other person appoint someone who is an expert in the subject to help resolve the dispute. If you have signed a contract with an adjudication clause, you have to use adjudication. Often used for disputes about building projects.
Arbitration
You and the other person appoint an independent third party to decide the outcome. If you have signed a commercial contract with an arbitration clause, you have to use arbitration. Often used for commercial, international and employment disputes.
Small claims process
You go to court, and the court decides the outcome but the process is cheap and simple. It is only for claims worth less than £5,000 (or £1,000 if it is an injury claim or an outstanding housing disrepair claim against a landlord).
Court claim
You go to court, and the court decides the outcome. Even after starting a court claim, but before the decision, you may be able to use other methods to reach a solution. Used for all types of dispute.
Employment tribunals
Employment tribunals are used to deal with disputes between employees and employers, generally after negotiation or mediation has been tried first.