Private Client

36 Private Client offers a comprehensive and bespoke out of court Dispute Resolution service for cases involving individuals, which utilises the expert skills of our barristers as mediators, arbitrators and through neutral evaluation.

A further benefit of instructing 36ADR to assist in resolution of your dispute is the use of our state of the art ADR suite, consisting of three conference rooms, a break out room and video conferencing facilities, all of which are in a dedicated wing of our building offering a comfortable and private environment for the parties.

Areas of Expertise

Disputes can arise, which involve individuals in a private capacity, involving a whole range of issues, including those relating to property, trusts, wills and inheritance, employment rights, housing concerns, issues with schools and educational establishments and generally claims in respect of contractual rights and consumer disputes.

Members of the 36 Private Client ADR team have specialist practices in a broad range of private client disputes, including:

  • Disputes as to the beneficial ownership of land pursuant to TOLATA 1996.
  • Claims against property made by way of proprietary estoppel.
  • Claims in relation to trusts and the administration of trusts.
  • Claims against trusts made in the context of divorce or dissolution proceedings.
  • Wills, probate and the administration of estates.
  • Claims made pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
  • Partition and division of estates, including farms, on relationship breakdown of the dissolution of partnerships.
  • Disputes relating to art and other high vale assets.
  • Landlord and Tenant disputes, housing claims and general property litigation.
  • Employment claims and disputes in the workplace.
  • Claims relating to schools and other educational establishments.
  • Consumer disputes.
  • General contractual or tortious claims.

We can offer the full range of out of court dispute resolution services:

We have mediators who are qualified to conduct mediations under the various common mediation models. As well as mediators operating under the civil mediation model, several of our mediators are qualified as family mediators.

Out mediators can also provide a neutral evaluation of the dispute at the parties’ joint request in the event of a deadlocked mediation (see below).

Our mediators enthusiastically and tenaciously apply and adapt their long experience of dispute resolution to assist parties to resolve their disputes quickly, cheaply and with minimal acrimony.

Private FDRs have a long pedigree in family litigation but are a relatively new innovation in private client and civil disputes. An FDR/ENE appointment provides an early focus on the main issues in any case and a neutral, third party assessment by an expert in the relevant field. Our anecdotal experience indicates that settlement rates following an FDR/ENE before an expert neutral evaluator carries a settlement rate of well over 95%.

Many of our barristers are regularly instructed as the Judge or as Counsel on private FDRs / ENEs, with those with a background in family law having experience of this process going back decades.

In those cases where a compromise cannot be achieved, resolution of the dispute through arbitration carries many advantages over the alternative of litigation through the courts, not least savings in costs, time and emotional anxiety.

Many private client disputes are readily amenable to arbitration, including under the rules of the Institute of Family Law Arbitrators. Amongst our barristers we have six family law arbitrators. Our arbitrators were amongst the first to conduct family arbitrations in England and remain leaders in the field to this day.
You will find further information about family arbitration at www.ifla.org.uk and www.familyarbitrator.com

Our Private Client Team

Andrzej Bojarski

Arbitrator & Mediator

David Altaras

Arbitrator

Malcolm Taylor

Mediator

Paul Infield

Arbitrator & Mediator

Rhys Taylor

Arbitrator & Mediator

Richard Wilson QC

Arbitrator & Mediator