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Litigation and Alternative Dispute Resolution

“Litigation is the process of resolving rights-based disputes through the court system, beginning with the filing of a law suit and continuing with arguments on legal motions, a discovery phase involving the formal exchange of information, a courtroom trial, and an appeal – Cincinati College of Law

Key Contact

Advocate-George-Mnzava

George Mnzava

BW Advocate Partner
Head of Litigation & Alternative Dispute Resolution.
Email: Georgemnzava@bwadvocates.co.tz

Litigation and Alternative Dispute Resolution

At Bill and Williams Advocate, our attorneys use their extensive experience, trusted judgment, and insight to create a tailored strategy that keeps your specific business objectives in mind. We work together to solve problems efficiently and effectively so that you can move forward.

Our clients rely on us to anticipate their needs and exceed their expectations because we are known for our expertise in complex litigation and arbitration. We believe that the best litigation outcomes, whether in court or at the negotiating table, occur when the lawyers are fully prepared to try the case to a verdict. Our emphasis on trial-readiness results in more successful and cost-effective outcomes for clients, as critical issues are identified early and used to maximum advantage in the litigation and negotiation processes.

Our dispute resolution attorneys use the best tools and strategies for each stage of the process and each individual situation. You can rely on our lawyers to maximize your chances of success, whether through timely use of innovative alternative dispute resolution techniques or skillful and persuasive advocacy in court. We also work with you to assess and manage your risks in terms of the legal costs of the dispute, with the goal of reducing the likelihood of future litigation.

Your success is our priority, regardless of whether your dispute is strategic, reputational, or financial in nature.

The primary goal of the firm is to assist clients in avoiding litigation whenever possible. We use alternative dispute resolution services, mediation, and arbitration, particularly when the parties are attempting to maintain a commercial relationship; however, when litigation is unavoidable, the lawyers at Bill and William Advocates will guide their clients through both the legal and commercial aspects of litigation, including an assessment of reputational risk, if any.

Alternative Dispute Resolution

Alternative Dispute Resolution (“ADR”) refers to any method of resolving disputes other than in court. Early neutral evaluation, negotiation, conciliation, mediation, and arbitration are all common forms of ADR. As long court lines, rising litigation costs, and time delays continue to plague litigants, more states are experimenting with ADR programs. Some of these programs are optional, while others are required.

  • Negotiation
    Negotiation is the most effective method of resolving disputes. While arbitration and mediation are the two most well-known forms of ADR, negotiation is almost always used first to resolve a dispute. Negotiation allows parties to meet in order to resolve a disagreement. The main advantage of this method of dispute resolution is that it allows the parties to control both the process and the solution. Negotiation is less formal than other types of ADR and offers more flexibility.
  • Mediation
    Mediation is a non-binding alternative to litigation. Mediators are trained negotiators who bring opposing parties together and attempt to reach an agreement or settlement that both parties accept or reject. Mediation is not legally binding. Mediation is used in a variety of cases, from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also grown in popularity as a means of resolving disputes between investors and their stock brokers. See also Dispute Resolution in Securities.
  • Arbitration is one of the most well-known and rapidly expanding forms of ADR. Arbitration is more formal than mediation and shares many similarities with traditional court proceedings, such as limited discovery and simplified evidence rules (ex. hearsay is usually admissible in arbitration).

There are various types of arbitration:

  • National arbitration: which are all governed by different rules enacted by each country’s institutions
  • International commercial arbitration is typically used to resolve disputes arising from commercial contractual relationships between buyers and sellers in different states.
  • Investor-State arbitration: the unilateral referral of a private individual investor to an arbitral tribunal against a host State of their investment by the investor.

Interested in this service? Contact Us Today.