LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION - DID YOU KNOW?
31 MAR, 2017
10 things you may not know about these areas of law and us:
- Alternative dispute resolution (ADR) refers to ways of resolving disputes that don’t involve going to court (litigation). The two most common forms of ADR are arbitration and mediation.
- The current waiting period for litigation (court cases) in Cyprus is approximately 5 years.
- Arbitration is where an independent third party (Arbitrator) considers the facts and takes a decision that is legally binding. It is basically a simplified version of a court hearing.
- Mediation is a completely voluntary and confidential form of alternative dispute resolution. An independent, impartial person helps the parties reach a solution that’s acceptable to everyone. The mediator can talk to both sides separately or together. Mediators do not make judgments or decide the outcome of the dispute. They ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute.
- Benefits of both arbitration and mediation are: the costs are generally cheaper than going to court; faster process; confidential process; and ability to choose the arbitrator or mediator.
- Current trend is to explore all possible options of ADR before litigating. In fact, many contracts now include compulsory arbitration clauses in case of a dispute.
- In certain cases, the court in litigation cases may suspend proceedings to allow time for parties to mediate. Similarly, if there is a valid arbitration clause, the court procedure is stayed. This only applies to arbitration and not mediation.
- George Z. Georgiou & Associates LLC consists of over 40 staff of which 25 are experienced lawyers, arbitrators and legal consultants including 2 former judges. The Firm is ranked in the main legal directories Legal 500 and Chambers for dispute resolution.
- As an individual, George Z. Georgiou is top ranked in Legal 500 and Chambers for Dispute Resolution. Chambers describe him as: “…an outstanding presence in Cypriot disputes, boasting experience as a litigator and arbitrator in a vast range of cases.” He is also listed in Who’s Who Legal for Arbitration.
- Besides being a lawyer, George Z. Georgiou is also an Arbitrator (CIArb) and Mediator (Cyprus Mediation Centre).
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