Civil litigation and dispute resolution solicitors issue court proceedings, dealing with disclosure as well as tasks such as drafting witness statements. They instruct Counsel to attend a trial and prepare trial documents required by the court.
A civil litigator can also be called a dispute resolution lawyer.
Their primary work involves settling legal disputes using the established Court system or through negotiation and mediation.
A dispute encompasses a wide variety of situations and is formed when one party is seeking compensation, usually money from another, for example in the case of an accident that wasn’t their fault.
An example of a dispute is when you haven’t been paid for a project, or when you’ve been involved in an accident and are unable to work.
When both parties have not reached an agreement, they may call upon a civil litigator for help.
Dispute Resolution Process
A client will usually present the dispute to a civil litigator in hopes of getting what they want.
The lawyer will review the claim and advise their client on the steps that can be taken. Depending on the circumstances and documentation, the litigator will formulate the best course of action before proceeding.
In some instances the dispute resolution lawyer will tell his or her client that the claim against them is solid and that they should settle the dispute as soon as they can. In others, the lawyer will say that the claim against them is weak and they should stand their ground.
Civil litigators should be present during mediation where both parties sit and talk things out (and hopefully come to an agreement). It’s not unusual for arbitrations to take place especially when there are complications.
If the dispute goes to trial, the dispute resolution lawyer will be on hand to discuss the legal procedures and assist their clients on the court processes. More importantly, a civil litigator must help his or her client to understand what’s happening every step of the way.