Disputes or disagreements may arise in a number of situations and become difficult to navigate when left unresolved. Disputes can often be resolved through alternatives to the court process, such as mediation or negotiation. Alternatively, disputes can be resolved by going through the litigation process in court.
Dispute resolution methods, such as mediation, are low-cost options which can ultimately save time and money by removing the formalities associated with legal proceedings. These methods often give the parties to a dispute more control with the opportunity to participate in both the process and the outcome of the dispute.
Most importantly, the issues in dispute are worked through with the guidance of a third party, such as a mediator, in a private and informal environment with the aim of obtaining an outcome which all involved are satisfied with.
A dispute resolution lawyer will take into account the finer details of a dispute and identify a range of solutions for the parties involved. In determining the best way forward, they will work with their clients to establish what is most important to them and what they want to ultimately achieve in resolving the dispute.
It is the role of a dispute resolution lawyer to identify and manage the risks associated with litigation, whilst aiming to provide an efficient and cost-effective resolution of a dispute. Where possible, they will engage with the other party (or parties) on your behalf and seek to resolve the matter without having to resort to litigation. Dispute resolution lawyers will aim to resolve disputes at the earliest opportunity, ensuring the clients’ interests are protected.
Dispute resolution lawyers are equipped with the knowledge and skills to guide you through the informal dispute resolution process and provide support and practical advice along the way.
Sometimes litigation is unavoidable and court involvement is necessary. In this instance, dispute resolution lawyers have a deep understanding of the requirements and procedures of the various courts and can assist clients in navigating litigation. They will regularly seek and assess opportunities for settlement, whilst presenting a convincing legal argument on the client’s behalf. Contrary to popular belief, the role of litigation lawyers does not always involve dramatic courtroom confrontations!
Litigation lawyers will take care of all administrative requirements and ensure important deadlines are met. Dispute resolution lawyers will ensure that you remain informed and in control throughout the entire process, no matter which path you take.
If you find yourself caught up in a dispute, it can be beneficial to obtain legal advice to clarify your rights and know your options. Along with general commercial litigation experience, the Coulter Legal Litigation & Dispute Resolution team offer specific expertise in the resolution of the following disputes:
Article by Enza Cassetta, Law Graduate.
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