Many disputes that are brought to us are between businesses that know the person or business they are in dispute with where there has been a breakdown in communication. The predictable result of instructing lawyers is to escalate the dispute with allegations and counter-allegations freely exchanged at high speed using modern technology.

We are clear that there are times when robust legal action is essential to protect your interests. That is never more the case than when the dispute involves people who have no relationship with each other or when attempts to bring each party to the table to discuss the matter have failed.

However, legal disputes can be extremely costly and time consuming. They are stressful and tie up valuable financial and time resources.

360 ™ can be likened to a form of mediation but with less formal structure to it.

How it operates is as follows:

Provided we have not reached to the stage of advising one party against the other and receiving sensitive information, we invite both parties to an assisted communication session each party accompanied by someone they trust, if they so wish.
If both parties agree, a meeting is set up, and the parties choose a venue – typically neutral territory (either our offices or an independent location).

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Kaltons Solicitors and Lawyers

The meeting itself typically lasts one to two hours for relatively straightforward disputes, where each agrees as follows:

that they will not tell us anything they do not want to be told to the other side, recognising the normal duty of confidentiality will not apply in this open exchange;
that all discussions are on a "without prejudice" basis so the parties are free to be open with each other without fearing they are giving anything away that may come back to bite them later;
that in the session the rules of engagement are that no-one can interrupt each other except for our representative assisting communication;
our representative can call a halt to the proceedings at any time if he/she feels that their contribution is not proving helpful;
that Kaltons will not be able to represent either party in the event of a failure to reach agreement;
that each party will be responsible for half our costs.

This relatively relaxed form of mediation has produced some excellent results already (see our case study) and is ideal for people in the early stage of a dispute, before things get out of hand and can result in enormous cost savings. In essence, we act like a kind of "referee", keeping good order and helping people communicated effectively to enable them to explore solutions that work work for everyone.

For further information, contact Maitland Kalton: 020 7278 1817.