Dispute resolution law: area of practice

Where disputes arise between individuals, companies or organisations, lawyers can become involved to assist in resolving these disputes by the use of litigation, arbitration, mediation and other forms of alternative dispute resolution.

Lawyers in this field deal with a vast range of disputes

One of the attractions of this area of work is the vast range of types of disputes that can arise. While dispute resolution lawyers will be working within a common court system, the value and subject matter of the disputes can vary widely. For example, a lawyer might be part of a large team focusing on one very significant commercial dispute. Another lawyer could have responsibility for a caseload of 50 claims where they are acting for individuals who have sustained serious injuries as a result of accidents at work.

While some firms provide a general dispute resolution service to clients, many will provide a specialist service, for example in international, commercial, insurance or personal injury work.

Depending on the nature of the dispute and the extent of the issues between the parties, some cases might be resolved within days or weeks of being instructed, while others will take months or even years to conclude. Having assessed the issues, the role of the lawyer is to advise on the most effective way to achieve the best result for their client, whether by negotiation (face to face, by telephone or by letter) or by use of court proceedings and/or alternative dispute resolution.

The working week of a dispute resolution lawyer

The greater part of a lawyer’s time is likely to be spent in the office, reviewing documents, drafting correspondence, witness statements and court documentation and speaking on the telephone to clients and other lawyers. However, in many cases there are opportunities to get out and about, for example going to clients’ offices, carrying out investigations and attending court.

Working hours will vary significantly depending on the type of work. Some lawyers will generally be able to work fairly civilised hours, subject to being flexible if, for example, they have a busy period or a trial approaching. Other lawyers will work much longer hours, either on a regular basis or over a particular period of time. It will often also be important to spend time building and maintaining relationships with clients, for example through providing training or social events.

Recession-proof?

While clients are likely to be more costs conscious in times of recession, it is arguable that the number of disputes increases during recessionary times, leading to an increased flow of work to dispute resolution lawyers. As a trainee, much will depend on the type of work being carried out by your firm. Where larger cases are involved, the role of a trainee is likely to be to provide support to the other lawyers on the team. If the firm is carrying out smaller cases, the trainee may have some direct responsibility for cases.

Types of law practised

• Commercial.
• Contract.
• Tort.

A good dispute resolution solicitor needs…

• Attention to detail. The work is likely to involve drafting of witness statements and other documents for the court.
• Negotiation/persuasion skills. The vast majority of cases will settle and these skills are key in achieving the best result for the client.
• A commercial approach. A balance is always needed between achieving the best outcome and the costs involved.
• The ability to keep calm under pressure. Deadlines are often involved, including most importantly trial dates.

TRACY HEAD is a partner in the liability division of KENNEDYS. She studied law at the University of East Anglia (UEA).