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Dispute Resolution Solicitors
Resolving a dispute starts with choosing a process that can address the real issue. Highfin's published approach includes negotiation, mediation and consideration of proceedings. The choice should reflect the evidence, the relationship between the parties and the outcome sought, rather than a promise that one method always works best.

Dispute Resolution
Choosing, preparing for and recording a resolution
Discuss your Dispute Resolution enquirySources checked on . This general information does not assess your individual circumstances.
Match the process to the problem
Consider what is disputed, whether urgent protection is needed and whether the parties have enough information to discuss a solution. A contractual dispute-resolution clause may also affect the available route.
Negotiation, mediation, arbitration and litigation have different roles. Their suitability depends on the matter and the parties' circumstances, including safety and ability to participate. Private resolution is not automatically faster, cheaper or appropriate for every case.
Prepare for a meaningful negotiation
Identify the points of agreement, contested facts and documents needed to assess possible terms. Consider practical options as well as the legal claim: payment arrangements or agreed work may address concerns that a narrow demand overlooks.
Assess proposals against the evidence, costs and risks. Distinguish correspondence intended to set out an open position from protected settlement discussions; do not assume a label alone makes every communication privileged. Existing deadlines still need attention.
Separate the mediator's role from legal advice
A mediator assists communication and negotiation without deciding the dispute. A legal adviser acting for a party has a different role: assessing that party's position and proposed terms. Nothing here confirms that Highfin supplies an accredited neutral mediator.
Agree the arrangements, attendees and authority to settle in advance. Confidentiality and the treatment of communications need to be understood under the process and applicable law; avoid assuming absolute protection in every circumstance. A party should understand an agreement before accepting it.
Understand court involvement in resolution
The Civil Procedure Rules allow courts to order engagement in ADR as part of case management. Failure to comply with an ADR order or unreasonable failure to engage can be relevant to costs. This does not mean a court requires the parties to accept settlement terms.
The small-claims automatic mediation pilot has defined claim and procedural scope. As checked on 12 October 2026, PD 51ZE runs to 6 April 2027 and includes provisions for eligible specified-money claims and online claims, with exclusions and date-specific rules. It is not a rule that every civil claim must use the same mediation process.
If proceedings have begun, deal expressly with any stay, directions or hearing while pursuing resolution. An invitation to negotiate is not itself an extension of time.
Arbitration involves a decision
Arbitration operates under an arbitration agreement and differs from mediation. Under the Arbitration Act, an award is generally final and binding unless otherwise agreed, subject to available review or challenge. It is not merely a non-binding suggestion from a facilitator.
The remaining Arbitration Act 2025 reforms commenced on 1 August 2025. Transitional rules exclude specified earlier arbitral proceedings and related court proceedings; the agreement's date alone does not settle which law applies. Ask whether arbitration advice falls within Highfin's accepted instruction rather than inferring specialist capability.
Record an agreement and address outstanding proceedings
A proposed settlement should identify the parties, obligations, timing and treatment of costs. Check who has authority to agree and whether any further approval or court order is needed. Where proceedings exist, consider how they are to be disposed of rather than assuming a private discussion ends them.
If no agreement is reached, review what remains disputed and the next procedural step. Highfin should confirm the work it can undertake and its charges. No settlement, recovery or response time is guaranteed.
Official guidance
- Prepare the issues
- Bring a short chronology, key records and any dispute-resolution clause or court order.
- Confirm roles and costs
- Clarify who advises each party, who facilitates the process and what fees or expenses are agreed.
Frequently asked questions
Your questions
Will a mediator decide who is right?
No. A mediator helps the parties negotiate; courts and arbitrators decide disputes. See the Mediation page for preparation and settlement guidance.
Can a court require engagement in ADR?
Yes, the CPR gives courts that power. The actual order and any applicable pilot rules matter; participation is different from accepting a settlement.
Does Highfin act as the neutral mediator?
That service and any relevant credentials need separate confirmation. Advice or representation for one party is not the same role.
Is every out-of-court discussion confidential?
Do not assume so. The process, agreement, purpose of the communication and applicable legal protections need checking.
What happens if mediation does not resolve everything?
The parties may consider further discussions or the relevant adjudicative route. Address remaining issues and existing court directions rather than assuming the case is paused.
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