360™…assisted communication™...a new legal paradigm

Dispute Resolution  

This aspect of the service is for individuals or businesses in dispute (probably the early stages). Rather than each party getting independent legal advice and spending large amounts on lawyers, we provide a “first port of call” to allow people to be heard in a safe environment.

How it works is that all discussions are discussed “without prejudice” so that there is no risk to either party if agreement is not reached. Each party comes either alone or with a chosen friend/representative and everyone sits together at all stages, unlike in mediation where the parties are usually separated. Each party is given the chance to say whatever it needs to say.

The rules of engagement are that neither party may interrupt the other (only we are allowed to interrupt or bring the session to a close). If agreement is not reached, neither party can be represented by us in the dispute. However, in our experience, most cases have settled without the need to take further legal advice. On average it takes about two hours (the cost being shared, this works out to one hours legal advice which, compared to the cost of sending out a letter of claim alone is minimal), excluding any work on a settlement agreement, where needed.

In essence, we operate as a sort of “referee”, keeping good order and helping people communicate effectively to enable them to explore a solution that works for everyone.

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

Click here for further information on the dispute resolution aspects of 360™.

Creating Effective Relationships

Whether you are looking to create an effective relationship in business or personally, the most likely cause of future friction is failure to consider everything properly in advance and to communicate each party’s needs effectively. 360™ allows all parties to sit down and make sure that they have considered and resolved any issues, having first completed a relationship questionnaire which has them look at what each party wants to get out of the relationship and what they bring to the relationship. A sample of the business questionnaire is attached. Similar considerations apply to personal contracts such as wedding or civil partnership agreements.

Our belief is that all relationships are more likely to succeed if things are properly thought through and communicated effectively. We also believe that most approaches to relationship creation (i.e. contracts or agreements) involve focusing on negative aspects (what happens if things go wrong). We believe strongly that a mutually beneficial relationship is based on a positive focus.

For example, in a recent business contract we had a client look at the company’s vision for the future, its objectives and its values and to state them in its key contract, asking all parties to assist in working towards the vision and objectives by applying the organisation’s values. Such contracts go on to deal with the more negative aspects, for instance stating “In the unlikely event of a dispute…”, taking the focus off the possibility of problems in future. We enclose a sample extract from a contract to show you what they can look like. 

For further information, please contact Maitland Kalton, Arif Khalfe or Silke Buschmann : 020 7278 1817;