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Discover how Third Party Funding Can Revolutionize Dispute Resolution!

Jese Leos
·9.2k Followers· Follow
Published in Third Party Funding For Dispute Resolution: A Comparative Study Of England Hong Kong Singapore The Netherlands And Mainland China
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Are you tired of lengthy and expensive legal battles? Wish there was a way to level the playing field and resolve disputes without breaking the bank? Look no further, as third party funding for dispute resolution might just be the solution you've been searching for!

Dispute resolution has traditionally been dominated by those with deep pockets. Affording high-quality legal representation and covering the costs associated with litigation often puts individuals and small businesses at a significant disadvantage. However, with the emergence of third party funding, the dynamics of dispute resolution are undergoing a radical transformation.

What is Third Party Funding?

Third party funding is a financial arrangement where a neutral third party, known as a funding provider, agrees to cover the costs of a dispute in return for a portion of the financial award if the case is successful. This form of funding is most commonly utilized in litigation and arbitration cases, but it can also extend to other forms of dispute resolution such as mediation.

The funding provider assesses the potential merits and risks of a case before deciding whether or not to proceed with funding. This evaluation process ensures that only strong and promising cases receive financial support, limiting the risk for both the claimant and the funder.

The Benefits of Third Party Funding

1. Access to Justice: Third party funding allows individuals and small businesses access to high-quality legal representation, leveling the playing field against well-resourced opponents. It eliminates the financial barriers that often prevent parties from pursuing legitimate claims and ensures that disputes are resolved on their merits rather than based on available resources.

2. Reduced Financial Burden: Litigation can be an expensive affair, with costs progressively increasing throughout the duration of a case. Third party funding relieves claimants of the financial burden associated with legal fees, court costs, expert witness expenses, and other potential outlays, allowing them to focus on the dispute at hand without excessive financial stress.

3. Risk Mitigation: By assuming the financial risks involved in dispute resolution, third party funders help claimants mitigate their exposure to adverse costs. This alleviates the fear of losing a case and being forced to pay the opposing party's legal fees, which can be a deterrent for some individuals or businesses who are considering pursuing a claim.

4. Increased Settlement Opportunities: With the financial backing of a third party funder, claimants have the flexibility to negotiate favorable settlements. Funding providers are often interested in achieving a reasonable return on their investment, making them more inclined to explore settlement options that can still result in a satisfactory resolution for all parties involved.

The Role of Third Party Funders

Third party funders operate as commercial entities that assess the viability of a claim and offer financial support based on their evaluation. They typically focus on cases with high chances of success and substantial financial compensation potential.

The funding provider assumes the financial risk associated with the dispute, covering the costs of legal fees, expert opinions, court fees, and any other necessary expenses. In return for their investment, they receive a pre-determined portion of the proceeds if the claim is successful.

It's important to note that third party funders are not involved in the management of the case itself. They do not dictate legal strategy or interfere with the legal team's decision-making process. Their role is strictly limited to providing financial support.

The Future of Dispute Resolution

As awareness about third party funding grows and acceptance within the legal industry increases, it is expected that the practice will become more mainstream. The potential benefits it offers for all parties involved make it an attractive option for claimants, lawyers, and funders alike.

The ability to access justice, share financial risk, and increase settlement opportunities are all significant advantages that third party funding brings to the table. It empowers individuals and businesses to stand up for their rights and seek redress for their grievances without being constrained by financial limitations.

In a world where financial resources often dictate the outcome of disputes, third party funding provides a much-needed solution. It allows parties to pursue legitimate claims, navigate complex legal systems, and achieve resolution without the weight of financial burdens holding them back.

As the popularity of third party funding continues to rise, it is important for individuals and businesses to familiarize themselves with this alternative means of resolving disputes. By understanding the benefits and mechanics of third party funding, one can make informed decisions that may revolutionize their approach to dispute resolution.

This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. 
This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.

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