Solicitors in Swansea.

Litigation and Disputes FAQs

What is litigation ?

Litigation describes all the processes involved in resolving a legal pursuit including legal action through the courts or tribunal panel if the matter relates to employment law, for example.  Litigation can also include Alternate Dispute Resolution, which includes mediation and arbitration.  Mediation is a conciliatory process where common ground between the parties is found by a professional mediator.  Arbitration is similar to a court setting in the sense that a third party (the arbitrator) comes to a decision on a particular issue.  ACAS (Arbitration, Conciliatory Advisory Service) is a body which deals with employment law disputes using Alternate Dispute Resolution methods.

Can I choose a preferred method of resolving my dispute ?

The method of dispute resolution used entirely depends on the nature of the dispute, the willingness of the other side to enter into negotiations and their preferred methods of resolving the dispute.  Alternate Dispute Resolution (mediation and arbitration) can only be entered into where both sides have agreed to.

Simple debt recovery may only involve sending out a letter of claim to the other side and entering into informal negotiations to settle on a repayment schedule.  Where your claim is contested and complex, litigation through the courts may be the only solution, although due to expense and time involved, we seek to minimise the possibility of this as much as possible.

What does “without prejudice” mean ?

If you agree to enter into negotiations with the other side, you will be entitled to keep the content of those negotiations private, such that they cannot be relief on in court (although there are limited circumstances where this rule is not applicable.  This rule exists to encourage parties to a dispute to enter into negotiations willingly with the view of settling disputes outside of court.

When is the best time to consult a solicitor in the context of a legal dispute ?

The simple answer is as early as possible.  If you attack the dispute early on, not only will you maximise the chances of having the issue resolved in your favour, you may be able to come to a settlement outside of court, saving you time, money, effort and stress.  If court papers have been served on you, it is essential to act as quickly as possible.  If you receive a statutory demand in the context of debt recovery, you will have 21 days to respond to the creditor and put in a counter-claim/defence.