Over the past 20 years, Lawgistics has grown from a niche specialist advisory service, to become the market leading legal advisors to the motor trade. Such expansion has, inevitably, brought with it both the benefits of scale and also the occasional clash of interests. With over 1200 members calling on our services, it is unavoidable that we sometimes find two or more of them seeking our help in resolving the same issue.
We are always seeking ways to improve our service and have devised an arbitration scheme to offer our members should a dispute arise with another Lawgistics member. Our primary aim for our members, is to ensure as far as possible, that a dispute with another party does not escalate. Our focus is essentially on seeking a solution that achieves a quick, economic and just settlement.
The benefits of arbitration
- If you are a member, the arbitration scheme is part of the membership and no additional fees are payable.
- Your case is judged by an experienced member of our legal team who will explore all the strengths and weaknesses of your case and that of the other party.
- The entire matter is dealt with in-house.
- Your case is submitted in paper form and is judged on “the balance of probability”. We may ask for additional evidence, if the papers are incomplete.
- While Rules of Evidence will apply, hearsay evidence may be permitted while a “common sense” approach will be a governing factor in arriving at a solution.
- We would aim to provide a result within 28 days of receipt of the papers from both sides.
- Those who opt for this method of dispute resolution agree to be bound by our findings.
- You avoid potentially costly and complex legal proceedings and delays.
How it works
Initially, you will approach us with a matter in which you are in dispute with another party. Where we identify the other party as also a member of ours, we will immediately notify both sides of the clash of interest, whilst offering to provide our arbitration scheme as a quick remedy.
Any clash of interest will trigger one of two options below:
- A decision by both sides to refer the matter to their own solicitors, or
- To agree to Lawgistics acting as independent arbitrators.
Where option (b) is chosen, both parties are expected to sign an undertaking to abide by our decision. Thereafter, each side will forward all their paperwork and evidence to us to support their case. Your chances of success depend on this presentation.
An experienced Lawgistics legal advisor will be appointed as an arbitrator, with power to call for additional evidence. Once in receipt of all the information needed to arrive at a judgement, the parties will be informed that it appears all evidence has now been provided, allowing the matter to proceed to examination. At this point no further evidence or representations will be possible, unless of an exceptional nature.
Options may be discussed with both sides in the course of pursuing a solution.
Unless of a complex or highly detailed nature, Lawgistics will attempt to provide a result within 28 days and notify both parties, who, having agreed to be bound by the process, will act upon the outcome within 14 days.
A single right of appeal will be available if submitted within 14 days of the delivery of the findings, and such appeal is to be based on only a mistake of law or a mistake of fact. The appeal may be considered by the original arbitrator or another within 14 days.
Parties who disagree with the findings are at liberty to pursue their remedy in Court or elsewhere. However, where a party dishonours the pledge to abide by the outcome of the arbitration, it will be unavoidable that the aggrieved party will then have no option but to instruct solicitors, who may be able to take into account the findings in the attempted arbritration and possibly plead them in Court proceedings.
The dishonouring party will be marked on our records as no longer willing to participate in arbitration and they will be removed from this privilege. The attempt at arbitration will at that point be deemed to have failed.
The arbitrator will approach all evidence with an open mind and will, where possible, apply a judicial level of scrutiny. However, a feature of the scheme will be its informality, and findings may be made on untested evidence.
Lawgistics, in offering this service, shall not be held liable to either party for any losses, howsoever caused and shall at all times act in good faith in the best interests of all parties. While the aim will be to provide a solution within 28 days of receipt of the evidence needed, Lawgistics cannot guarantee this timescale. The findings in this arbitration cannot bind a Court or other forum, but might be referred to in any subsequent proceedings.