Civil Dispute Resolution

What is the first step in resolving any civil dispute? What is it and why is it important?

Case Analysis (CA) is the first step. It looks at what the dispute is about. Client contacts solicitor - CA begins. Solicitor analyses the dispute by looking at the facts, parties, what legal claim may exist, relevant law, evidence, strengths + weaknesses of claim, limitations, loss and remedies.

Important because it allows you to decide the best tactical and strategic approach for resolving the dispute. It should be carried out as soon as possible and reviewed throughout the case because new evidence or changes in circumstances may affect the original analysis.

Failing to review the case analysis may result in incorrect legal advice or unnecessary work and costs.

What are court proceedings also known as?

Litigation

What are pre-action considerations?

Things solicitors consider before starting a court proceeding. Much of this is considered as part of Case Analysis.

What is Litigation and why should it generally be a last resort?

Parties are taken to court where the outcome is decided by the judge. Parties should consider settlement first which may resolve the dispute without court proceedings. Time consuming, legal costs, risky.

What are the main dispute resolutions methods?

Negotiation, Mediation, Arbitration, and Litigation.

What is Mediation?

A neutral third party facilitates discussion, but the parties the parties themselves decide whether to settle.

What is Arbitration?

A private dispute resolution process where an arbitrator determines the dispute and gives a decision.

What is Negotiation?

The parties communicate directly or through representatives to try and reach an agreement.

What is the next step after Case Analysis and Pre-action Considerations?

Resolution (looking at how to resolve it). The solicitor can now advise clients the most appropriate way forward. This includes looking at Negotiation, Mediation, Arbitration and Litigation.

Key difference between mediation and arbitration?

A mediator facilitates, an arbitrator makes a decision.

What is a limitation period?

Time limit for bringing a legal claim to court.

What are the general limitation periods for CONTRACT, TORT and PERSONAL INJURY.

A simple contract claim generally has 6-year LP. Tort generally 6-year LP. Personal injury generally 3-year running from date of injury or later date of knowledge.

Scenario: If Mr Quereshi “did not sign any contract” with Mr Destro but they agreed verbally on the phone, is there a contract between them?

Yes, a contract can traditionally be made in writing, orally, by conduct or by any combination of these means.