“Discourage litigation. Persuade your neighbours to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.”
Abraham Lincoln
If you ask a litigation lawyer whether they would consider litigation if they were personally involved in a dispute my guess is that the majority of them would say they would only litigate as an absolute last resort. This is because litigation can be an expensive and long drawn out process which is often regarded as an unwelcome distraction for the parties litigating.
Unfortunately, if a disagreement is not managed carefully at the outset, it will often lead to a full blown dispute which then tends to be followed by litigation. The escalation of a disagreement into a dispute is often quite subtle and will normally involve three factors: the parties becoming emotional, a breakdown in communication and a failure to see the bigger picture. Communication normally breaks down because the parties start to become emotional about the disputed issue and their failure to see the bigger picture (i.e. that litigation may not be a particularly attractive option) means the situation continues to escalate to a dispute where each party’s position becomes crystallised. Once this happens it is much harder to resolve the matter and often the situation becomes deadlocked.
The value of having a lawyer involved at an early stage is often overlooked. As lawyers we are very good communicators, we are able to avoid emotional engagement in respect of the dispute and we can certainly see the bigger picture. These skills come naturally to a lawyer and as such we are often able to advise and assist clients so that they are able to achieve some form of early resolution without the need to embark upon expensive litigation. Often we can advise behind the scenes thereby avoiding any obvious or visible escalation of the situation. Advising clients in this way can be very effective and it does provide that party with a considerable tactical advantage over the other side (assuming they are not receiving their own legal assistance!).
People often overlook the fact that litigation lawyers are experts in both conflict management and dispute resolution. We understand disputes, how they arise, how they can escalate and most importantly how they can be resolved. It is, without doubt, far better for a client to engage a lawyer at a much earlier stage in a dispute/disagreement as this can often avoid the matter escalating into a full blown dispute which in the long run will save the client far more in terms of time and legal costs.
Assuming you still have some doubts about the value in engaging a lawyer at a much earlier stage, perhaps I could refer you once again to the above quote from Abraham Lincoln. He recognised the importance of compromise and acknowledged the value and expertise that lawyers can offer both as 'peacemakers' and 'good men' (which I am sure was also intended to include women!).
For further information or advice on resolving your dispute, please contact Dean Parnell on 0121 698 2200, email d.parnell@sydneymitchell.co.uk or fill in our online enquiry form.
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