Alternate Dispute Resolution & Litigation in Cyprus
Resolving any legal or contractual dispute through any process other than the main route of litigation can be called as alternate resolution. Litigation is often time consuming, cumbersome and costly. Thus, alternate ways of resolution are becoming more and more popular by the day due to their significant advantages of being more time efficient, cost-intensive, less complicated and easily accessible. Some of the most popular ways of alternate resolution of disputes are negotiation, mediation, arbitration, conciliation etc.
Alternate dispute resolutions can be voluntary when in case a dispute arises both parties agree to look for such alternate means rather than to jump into litigation. ADR can also be made mandatory by providing a clause for the same in the contract making it the first option for resolving any disputes.
Types of Alternate Dispute Resolution
* Negotiation – The process of bilateral communication going back and forth between the parties of the dispute, trying to establish a middle ground satisfactory to both the parties. Unlike arbitration or mediation, negotiation doesn’t have a third mediating party and is a voluntary participation of only the parties to the dispute. This is one of the first and simplest stages of ADR as it requires nothing more than simple communication between the parties in order to better their understanding of each other’s’ needs and demands.
* Mediation – This is a form of facilitated negotiation where there is also a third party, a mediator, involved. This helps in stabilizing the ADR process and prevents early fallout. The mediator doesn’t do anything more than suggest newer middle grounds, but the final resolution is completely and directly dependent on the agreement of the respective parties. The whole idea behind mediation is to prevent the stalemate or block in negotiation which may occur if the parties are left to negotiate on their own.
* Arbitration – This is a more advanced and most popular stage of ADR where the third party becomes more directly and significantly involved in the dispute with more say in the outcome of the matter. Here the third party appointed as the middleman decided the final say in the dispute which is often binding upon both parties. The arbitrator often acts as a judge, but the process is more time-efficient and cost-saving than litigation. Arbitration can also be preferred over mediation if the parties want an ensured result rather than the possibility of failed negotiations.
Advantages of Alternate Dispute Resolution
* Faster process
* Cheaper than litigation
* Say in selecting the mediator and arbitrators
* Arbitrators have much more expertise on specialized topics than judges
* Less cumbersome procedures and formalities
* Greater loyalty to the final result as parties decide the outcome
* Future maintained goodwill
Requirement for ADR
In case of arbitration and other ADR processes, there must be an agreement of both the parties to the dispute towards opting for such ADR process for resolution of the dispute in question. This often done by making a provision for the same in the original contract itself which then makes it binding on both parties. This can also be binding if a judge rules that parties to a litigation must go through arbitration or mediation before the litigation can proceed further. Criminal and family law cases are understandably not arbitrable in Cyprus.
Parties also have the option to just start negotiation before finalizing litigation to subscribe to the services of a mediator.
The UNCITRAL model law is followed in Cyprus and all of its conditions satisfied while conducting arbitration proceedings or drafting arbitration clauses in contracts.
We Help with Every Step of the ADR Processes
Simon Zenios & Co provides specialized services for all needs relating to arbitration, mediation, conciliation or any other ADR process for that matter. We can assist you regardless of whether you are in the most initial stage of only wanting advice on the arbitration clause in your contract, or if you want our expert advice on the selection of the right arbitrators. We have a proud portfolio of clients whom we have assisted in a successful arbitration process. We also accompany you to your negotiations while maintaining absolute confidentiality and ensure that the deep topical knowledge of our experts safeguards all your rights, pushing your interests to the furthest.
Where ADR ends Litigation Begins
Even though ADR is cheaper and faster there are often cases where only litigation is the last resort. ADR has its own disadvantages –
* No guarantee for the resolution of a dispute
* Arbitration agreements can often be manipulated by the bigger party to be in their favor
* An expert arbitrator can often cost a lot in terms of their fee
* Often the decisions of the arbitrator are unappealable
Even during or after completion of the ADR process there can still be left the need for approaching the court. One might have to apply to the court for procurement of documents from the other party. There are also cases of appealing an award from an arbitrator if the party believes that there has been misconduct on the arbitrator’s part, or improper procurement of the award, or the award is vague. The enforcement of the award also finally lies with the court.
The Process of Litigation
The litigation process is governed by Cap. 12 – Civil Procedure Rules. Initiation of action is often done through a Writ of Summons, or an Application for Originating Summons, or a Petition. The Writ of Summons is the most common of the three and after the filing is served on the respondent by the petitioner. After this, a Settlement of Claims is filed which is then to be replied to within 14 days, by the respondent. This then leads to pleadings in court about the matter. Discovery of documents and other such things can be applied for in order to prove one’s side. At any stage, the parties can settle their case if they come to a mutual understanding.
We Excel in Litigation
When all attempts at ADR have been futile Simon Zenios & Co can still be counted upon to guarantee you the strongest possible representation in the court. We have lawyers with extensive experience of representing clients in courtrooms and presenting sound arguments with great technical finesse.
We are always available to answer any queries you might have whether you have already finished ADR, or you want to go straight to the court. Allow us an opportunity to help, here.
Following is a list of areas that we have represented our clients in –
* Administrative Law
* Criminal Law
* Contract Law
* Civil Law
* Constitutional Law
* Commercial Law
* Corporate Law
* Securities & Corporate Finance
* Employment Law
* Labor Law
* Alternate Dispute Resolution
* Banking Law
* Cyber Law
* Antitrust Litigation
* Class Action Law Suits
* Construction Law
* Consumer Protection
* Energy & Natural Resources
* Environmental Law
* Personal Injury – General
* Personal Injury – Medical Malpractice
* Personal Injury – Products
* Entertainment & Sports
* Estate & Trust Litigation
* Estate Planning & Probate
* Wills and Succession Law
* Family Law
* Food and Drugs
* Government Contracts
* Government Finance
* Health Care
* Immigration Law
* Intellectual Property Law
* Insurance Law
* Media and Advertising Law
* Professional Liability
* Real Estate
* Schools & Education
* Securities Litigation
* Social Security Disability
* Municipal Law
* Tax Law and planning
* Technology Transactions
* Transportation Law