Impress are delighted to finally announce that we will be opening our alternative dispute resolution services to everyone, including members of the public, in an effort to redress harms arising in the media and the power imbalance caused by the cost of the British court system.

Interested? Find out more about Impress’ alternative dispute resolution offering and book a free consultation with a member of our team!

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This week sees Impress extend their alternative dispute resolution services to everyone – meaning whether you are a business, charity or member of the public, you can access justice without a costly court battle.

But what are the benefits of arbitration specifically?

Arbitration such as that provided by the Impress gives parties an alternative route to resolve conflicts without the burden and cost of litigation in the courts. In the UK, these processes operate under a framework governed by the relevant arbitration rules such as Impress and background of the Arbitration Act 1996.

It also offers the flexibility of choosing both the jurisdiction and an arbitrator. This is in contrast to litigation, where the parties have no control over the judicial appointment. As a result, those that choose alternative dispute resolution can benefit from the selection of a specialist arbitrator who will have an expert knowledge of the specific subject matter of the dispute, hence why the Impress panel is comprised of experienced and specialist practitioners in both media law and arbitration.

Conventional litigation can often happen incredibly slowly. But arbitration can get you to a solution at an expedited pace. This is primarily down to the parties’ autonomy in structuring the proceedings, and their ability to amend the arbitral rules to suit their particular needs and establish an appropriate timetable. Unlike the rules in traditional court proceedings, arbitration dispenses with many of these complexities, streamlining the process and accelerating the path to resolution of dispute.

If you are concerned about suffering reputational damage as a result of undertaking arbitration, there’s no need. Confidentiality is always an option with arbitration, providing several benefits, such as protecting sensitive information and reputations. By conducting proceedings privately, it allows individuals and companies to navigate disputes without risk of public exposure, building trust and encouraging open discussion as a result. Ultimately, it provides a powerful incentive for parties to resolve their conflicts privately.

The cost of going to court is frequently astronomical, making it a complete non-starter for many people. Independent arbitration does away with those issues. This is because the rules are designed to be flexible so as to be adapted for the needs of the parties in particular disputes. Coupled with this is that the rules can normally take into account particular time scales and ensure that, for example, a decision is reached within a specified or agreed time scale.

Once the arbitral award has been made, for example, a payment of damages, the award can itself be enforced relatively simply in the courts and enforced as a judgment would be, giving those who take up alternative dispute resolution the same legally binding result a court case would.

While the financial burden is frequently pointed to as a problem with the court system, the mental and physical toll such a prolonged process can take is also a serious issue. Arbitration is administered by specialist bodies such as Impress which are charged with ensuring a swift resolution of the dispute, helping to limit or avoid these impacts.

The arbitration process is subject to the agreement and choice of the parties with the chosen arbitration rules providing the necessary flexibility. For example choices as to the identity of the arbitrator, how evidence will be submitted, whether there should be an award of costs, the time for making an award and most other aspects of dispute determination.

But if you have a dispute to resolve and don’t want the stress or financial and time costs of going to court, why not give it a try?

By Clive Thorne
Arbitrator and Solicitor in Media Law

About Clive

Clive is an experienced solicitor and arbitrator in intellectual property and media law. He is a Partner at McCarthy Denning. Prior to this, Clive was Special Counsel at Baker Botts law firm, a Partner at Wedlake Bell LLP and at RPC and Denton Hall. He has acted for clients in the Copyright Tribunal, Patents County Court (formerly the Intellectual Property and Enterprise Court), High Court, Court of Appeal, Privy Council, House of Lords and Supreme Court. He has significant experience handling claims for copyright infringement, passing off, defamation, malicious falsehood, breach of confidence and breach of contract. Clive has particular experience in the arbitration of disputes, domestically and internationally, both advising clients and sitting as an arbitrator within the UK, India and Asia. Clive is a fellow of the Chartered Institute of Arbitrators.

About Impress 

Impress is a champion for news that can be trusted. We are here to make sure news providers can publish with integrity; and the public can engage in an ever-changing media landscape with confidence. We set the highest regulatory standards for news, offer education to help people make informed choices and provide resolution when disputes arise. 

Media enquiries

Louie Chandler: louie@impressorg.com / 02033076778