When a disagreement starts to become serious, it can be tempting to contact a solicitor immediately and prepare for court. In many cases, however, the best outcome is to resolve the problem before formal legal proceedings become necessary.
At AFG Law, one of the first things our Dispute Resolution team will consider is whether there is a practical way to resolve your dispute without going to court. Litigation can take time, cost money and create uncertainty, so court proceedings should not automatically be the first step.
There are also things you can do before approaching a dispute resolution lawyer. Attempting to resolve the problem, gathering the relevant evidence and creating a clear timeline can all make it easier for a solicitor to understand what has happened and advise you on the options available.
First, can you resolve the dispute yourself?
If it is safe and appropriate to do so, start by speaking or writing to the other person or business. You should explain what the problem is, what you believe has gone wrong and what you would like them to do about it.
For example, you might be seeking payment of an unpaid invoice, asking somebody to comply with an agreement, requesting that defective work is corrected or trying to reach an agreement over a property issue.
Be sure to keep the communication calm and factual. An aggressive email written in the heat of the moment can make a disagreement more difficult to resolve. It is also sensible to communicate important points in writing. If you reach an agreement during a telephone call, follow it up with an email confirming what was discussed.
There will be situations where contacting the other party directly is not appropriate. If the relationship has completely broken down, there is intimidation involved or you are concerned that taking action could damage your position, seek legal advice first.
Consider alternative dispute resolution
Going to court is not the only way of resolving legal disputes. You may wish to consider alternative dispute resolution, which covers different ways of reaching an outcome without having a judge determine the dispute at trial. Depending on the circumstances, this could include negotiation or mediation.
Mediation involves an independent mediator helping the parties explore whether an agreement can be reached. The mediator does not simply decide who is right and who is wrong.
It can be particularly useful where the parties need to maintain some form of relationship after the dispute. That could include neighbours, business owners, shareholders or parties to an ongoing commercial arrangement.
A settlement can also give both sides greater control over the outcome. A court decision will usually result in one party winning and another losing on particular issues. Negotiation allows the parties to consider practical compromises that a court may not necessarily order. Not every case can be resolved this way, but ADR should normally be considered before litigation.
Gather your evidence
Before approaching dispute resolution solicitors, collect the documents that help explain what has happened. The relevant evidence will depend on the type of dispute.
For a contractual disagreement, this could include the contract, terms and conditions, quotations, invoices and correspondence between the parties.
For property disputes, useful documents might include title information, plans, photographs and correspondence with neighbours, landlords or tenants.
A professional negligence dispute could involve the original terms of engagement, advice you received, correspondence and evidence of the financial loss you believe resulted from the professional’s actions.
Do not worry if you are unsure what is legally important. Your solicitor can establish that. The aim at this stage is simply to preserve the documents and information that could be relevant.
Emails, text messages, WhatsApp conversations, photographs and other electronic records can all potentially matter.
Avoid deleting information simply because you think it damages your case. Your solicitor needs an accurate picture of both the strengths and weaknesses of your position.
Create a simple timeline
A timeline can be extremely helpful when you first speak to a litigation solicitor. You do not need to produce a lengthy legal document. Start with the key dates and explain briefly what happened.
For example:
12 January: Agreed price for work.
20 January: Paid £5,000 deposit.
15 February: Work due to be completed.
1 March: Complained that work remained unfinished.
10 March: Contractor agreed to return but did not attend.
This can help your solicitor understand the sequence of events much more quickly than working through hundreds of emails in no particular order.
If you do not know an exact date, say so rather than guessing.
Work out what you actually want
Before you find a solicitor, think about what a successful outcome would look like. Do you want money? Do you want somebody to complete work they agreed to perform? Are you trying to bring a contract to an end? Do you want another party to stop doing something?
Sometimes the original disagreement becomes overshadowed by the conflict itself. Taking a moment to identify what you actually want can help keep the dispute focused. It also allows your solicitor to consider how the matter might be resolved cost effectively.
If a dispute concerns £5,000, for example, spending substantially more than that pursuing a point simply because you feel strongly about it may not make commercial sense. That does not mean the other party is right. It means the cost and risk of pursuing a dispute should form part of your decision.
Check whether there are any important deadlines
Do not allow attempts to negotiate indefinitely if there could be a legal deadline for bringing a claim. Different areas of law have different limitation periods and procedural requirements. The deadline can depend on the facts and the legal basis of the claim.
If you think a deadline may be approaching, obtain legal advice promptly. Similarly, if you have received a formal letter before action, court papers or another legal notice, do not ignore it while you continue informal discussions. There can be strict deadlines for responding.
Choose a solicitor who deals with your type of dispute
Dispute resolution covers a wide range of problems. A solicitor who regularly handles one category of dispute will not necessarily be the right person for every contentious matter.
Depending on the circumstances, litigation and dispute work can involve contractual disputes, debt recovery, professional negligence, disputes involving businesses, property disputes and other civil claims.
Some specialist disputes, including certain intellectual property matters, may require advice from a lawyer with particular expertise in that area.
When trying to find a solicitor, you should therefore, look beyond whether the firm simply describes itself as handling litigation. Always consider whether its lawyers deal with the type of problem you are facing.
Do I need a solicitor before sending a letter before action?
Not necessarily, but there are circumstances where obtaining advice before sending formal correspondence is sensible.
A letter before action is more than an angry demand for payment or a threat to take somebody to court. Depending on the dispute, there may be a relevant pre-action protocol or other procedural requirements that should be followed.
A solicitor can also help identify the correct legal basis of your position before allegations are made. This can be particularly important in complex or high-value disputes.
In other cases, you may have already made reasonable attempts to resolve the problem yourself and simply need a solicitor to take over the correspondence.
Instructing a solicitor does not mean going to court
There is an important distinction between obtaining advice from a dispute resolution lawyer and issuing court proceedings. A good litigation strategy does not start with the assumption that every dispute should end in court.
Your solicitor can explain your legal position, identify the strengths and weaknesses of the case and advise on the available options. They can correspond with the other party, negotiate a settlement and consider alternative dispute resolution. Sometimes a firm letter setting out the legal position is enough to restart negotiations.
In other cases, mediation can produce an agreement after months of direct discussions have failed. Court proceedings remain available where a dispute cannot be resolved and litigation is justified, but they are one option rather than the automatic destination.
When should I approach a dispute resolution solicitor?
You do not need to wait until proceedings are inevitable. You may wish to consider obtaining advice where you have made reasonable attempts to resolve the matter but are getting nowhere, the other party has stopped engaging, significant money or property is at stake or you simply do not understand your legal position.
You should also act promptly if you receive court documents, are threatened with proceedings or believe a limitation deadline could be approaching. Early advice can sometimes prevent a dispute from escalating further.
How AFG Law can help resolve your dispute
AFG Law’s Dispute Resolution team advises individuals and businesses dealing with a range of civil and commercial disputes. Our approach is not to recommend litigation simply because a disagreement has arisen. We will look at what has happened, what you want to achieve and whether there is a sensible opportunity to resolve the matter through correspondence, negotiation or alternative dispute resolution.
Where court proceedings become necessary, our team can advise you on the litigation process and the risks, costs and practical considerations involved.
If attempts to resolve your dispute yourself have not worked, or you need advice before deciding what to do next, contact AFG Law’s Dispute Resolution team to discuss your situation.