OUR SERVICES
We follow a collaborative problem-solving process to achieve a result acceptable to the parties in dispute.
Dispute Resolution Services
With an extensive understanding of the international markets and the governing laws both domestic and internationally in its respective jurisdictions, “TASWIYEH” provides its clients a cost-efficient, custom alternative dispute resolution processes that offer clients the flexibility to address conflict at any stage with high quality advice and guidance on various legal & ADR methods. We offer Clients legal representation in Negotiation, Mediation, Conciliation, Expert Determination, Adjudication and Arbitration Management Services in addition to Litigation Funding.
We collaborate with the best legal firms in the region and abroad and represent our clients and help them resolve their disputes outside formal litigation.
“TASWIYEH” is one of the first companies in the Middle East Region to adopt the process of Bearing the costs on behalf of clients. We take care of all the expenses incurred during the dispute resolution process until the final settlement.
Expert Determination
Expert determination differs from other ADRs, in that the parties allow the dispute to be decided by an independent third party with expertise in the subject matter of the dispute. It was developed as a quick and inexpensive way to answer discrete technical or valuation questions in commercial situations. It can benefit both parties for a number of reasons - Confidential, Private, Impartial, Flexible process. As the name suggests, the dispute is determined by an expert who should be familiar with the topic and is able to use their own expertise or inquisitorial investigations to answer the question. This process is not judicial in nature and is not intended to be adversarial. The process is conducive to parties maintaining a relationship and continuing to perform the contract especially when it is relevant in long term supply and service agreements.
The expert’s determination is not enforceable. If the losing party refuses to comply with an expert determination, then the successful party will have to start court or arbitration proceedings, to enforce compliance.
Mediation
When the negotiation fails, or the disputed parties do not think negotiation is worth trying, they usually agree to appoint a mediator or a facilitator.
Mediation is the most common ADR process in which a respected neutral third party with expert knowledge of the relevant industry assists the parties to work together towards a negotiated settlement of a dispute.
The mediator can help the parties to weigh the strengths and weaknesses of their case and point out how the personal needs and relationships affect the situation. The mediator usually works with the parties towards finding a creative solution that meets the needs of both sides, one at a time. The mediator may also meet in private with each side and remind the disputed parties about the enormous cost, time, money, and goodwill – of other options like litigation or arbitration.
Negotiation
It’s the most obvious way to settle a dispute for the parties and find a solution through negotiation. So, negotiation is the preferred route in most disputes. We prefer to initially negotiate on behalf of our clients as it is always available and can take place at any stage during a dispute or before a dispute has formally arisen. In addition, it is by far the most flexible, quick, inexpensive, confidential, and allows for the reservation of relationships in addition that, the parties have total control over the process as well as the outcome.
Construction Adjudication
It’s a form of Dispute Resolution which often helps to manage disputes as and when they arise and thus promote an early resolution of the dispute before it grows in size and complexity, with the risk of deepening antagonism between the parties. Alternatives, litigation have often evolved in the construction arena because of the mix of so many variables – People and relationships, conflicting interests, complexity of design and engineering processes, and the importance of time and costs.
In adjudication, the independent third-party adjudicator gives an interim decision on a dispute, which must be implemented. The main feature of construction adjudication is that it results in a decision in respect of a dispute arising under a construction contract that is temporary binding on the parties and usually enforceable by the courts. The adjudicator must reach their decision within a fixed time frame and in accordance with agreed procedures. If either party is not satisfied with the decision, then the dispute can be referred to a further procedure, such as arbitration or litigation depends on their contract dispute clause. His role is focused on deciding disputes between the parties within the terms of their contract. The adjudicator’s decision, although temporary or interim in nature, is binding on the parties until the dispute is finally determined by legal proceedings, arbitration, or agreement.
Arbitration Management Services
It is a consensual method of dispute resolution, in arbitration a neutral third-party tribunal makes a final determination, the “Award”, which is a binding decision based on the evidence and arguments presented by the parties. The independent tribunal maybe a single arbitrator, though a three – person tribunal is more usual in international arbitrations.
Commercial arbitration is used in diverse subject areas, such as commodity trade agreements, commercial contracts and sale of goods, maritime, insurance, construction and engineering, and real property valuation. The power of the arbitrator derives from a commercial agreement between the parties to submit their dispute to arbitration.
Arbitration law is sometimes governed by case law and statute (in common law jurisdictions) or by statute (in civil law jurisdictions).
Client’s Legal Representation
In today’s disputes complexity and costly in nature, clients need a qualified and experienced legal representation to assist them either in courts or arbitration processes which can be extremely confusing and requires a qualified legal representative to navigate this process for them. This is what legal representation is and refer to the whole process from start to finish in representing clients in courts or ad-hoc and Institutional Arbitration. “TASWIYEH” takes the whole process including funding our client’s cases when necessary.
Litigation Funding
“TASWIYEH” assists a large number of attorneys and clients with their funding needs from different sources. We are currently working with the highest-quality reputed international law firms as well as clients, generating a renewed focus on cash flow needs that may have arisen due to Covid-19 shutdowns and a severely slowed Court and Arbitration systems. We have secured ample capital in our quest to assist our clients and we’re able to get them the money they require to help them carry on with their professional needs, as case settlements have slowed down due to Covid-19. We are now positioned to be invaluable resource–for law firms and their clients alike by helping them with cash-flow needs and building case value through our multitude of funding products.