Not every dispute needs a courtroom. At TM Advocates our litigation team is skilled in both alternative dispute resolution (ADR) and courtroom advocacy, and the first question we ask on any new matter is which route will best protect the client's interests.
ADR, which includes negotiation, mediation and arbitration, is often faster and less expensive than a full trial. It is usually private, which matters to businesses that would rather not air commercial disagreements in public. And because the parties stay in control of the process, it is far more likely to preserve a working relationship with a supplier, partner or employee.
Many commercial contracts already require the parties to attempt ADR before going to court. Where such a clause exists, it can be enforced. In one matter we handled for the Kenya Medical Supplies Authority, a claim worth over KES 400 million was referred back to ADR as the contract required, and the contractor was compelled to perform its obligations before demanding payment.
ADR is not right for every case. Where a party needs urgent orders, where the law itself must be clarified, or where the other side will not engage in good faith, litigation may be the better tool. In those cases our courtroom advocates bring the same preparation and strategic foresight to the matter.
If you are facing a dispute, speak to us early. The sooner we understand the facts and the contract, the more options you will have.
