Arbitration and Mediation are alternative means to resolve disputes outside of the traditional court process. They present streamlined options to the client, which are sometimes more cost-effective than going through the litigation process. The rules of arbitration vary, and in most cases, are specified in sound contractual agreements. Arbitrations are presided over by a neutral party – an arbitrator or panel of arbitrators, mutually agreed to by both parties of the contractual agreement. The arbitrator is given the authority to make a decision with regards to resolving the dispute. Mediation may be compelled by the Courts in most civil litigation matters, and is facilitated by a trained neutral third party called a mediator. Unlike arbitration, mediation does not involve decision-making by the third party. However, the role of the mediator includes interpretation of concerns, relaying of information between the parties, and defining the problems. At FOSTERS, our attorneys are highly skilled in negotiations, and seasoned in arbitration of commercial disputes, having represented clients in complex commercial and individual arbitrations and mediations.
The success rate of our Firm in litigation matters is unsurpassed any other on the island. Our prowess as litigators is demonstrated by the long list of high profile cases and landmark litigation disputes in which the Firm has played a principle role over the past three decades. The Firm’s founder, Peter I. Foster, Q.C. is the most senior and experienced practicing litigator on the island, who has a reputation for providing accurate, clear and timely advice, with a passion to defend his client’s cause, up to the Privy Council level, when deemed necessary. Our services cover the full course of the dispute, such as pre-trial negotiations, preemptive measures, documentation and preparation for trial, summary judgment motions, trials, appeals and enforcement proceedings.