Dispute resolution law

For most clients disputes are an unwelcome but unavoidable aspect of their commercial dealings. The role of a dispute resolution lawyer is to secure the best possible outcome for clients while helping them resolve disputes quickly and cost effectively.

Graduate careers in dispute resolution law

The kinds of disputes that lawyers in a commercial law firm might deal with can range from relatively small matters such as routine debt collection to incredibly complex, high-value disputes. The majority of a commercial law firm’s clients will be corporate ones and the dispute resolution lawyer will typically be dealing with one or more of the senior managers or in-house lawyers at the client company.

The way in which disputes between companies are resolved has evolved over time. For practitioners in the disputes field this means that in addition to issuing or defending claims in the civil courts they will also be required to negotiate the settlement of disputes, either across the table from an opponent or through a more structured dispute resolution process such as mediation. Practitioners might also find themselves conducting domestic or international arbitrations for clients using one of the numerous sets of arbitration rules that exist. Work will vary according to the nature of individual disputes but typically the lawyer will advise the client on the merits of the claim, correspond in writing with the opponent or their lawyers, prepare and issue or defend court proceedings and if the case proceeds that far, prepare for and conduct the trial.

The work can be very demanding and it is not unknown for weekends and evenings to have to be sacrificed when an urgent injunction needs to be obtained or when intensive trial preparation is under way. However, on the whole a dispute resolution lawyer can expect to work reasonably civilised hours. Those working in London can expect to have a fairly high level of international work, particularly those working in the international arbitration field. This can result in quite a lot of overseas travel, which is rarely as glamorous as it sounds. The global nature of some of the work means that those with a foreign language or two may find them a real asset.

Is dispute resolution law recession-proof?

Dispute resolution work is often said to be countercyclical (ie, likely to increase in an economic downturn). While this may be generalising, the fact is that in difficult economic conditions disputes are more likely to arise and parties are more likely to want (or need) to protect their strict legal rights, thus increasing dispute resolution activity.

What skills does a dispute resolution law solicitor need to do the job? 

• The ability to think clearly and analyse problems.
• A fairly thick skin.
• The ability to keep calm under pressure.
• Commercial nous.

What's it like doing a trainee solicitor's job in dispute resolution law? 

Trainees usually work as part of a team of dispute resolution lawyers. The size of this team will depend on the size and nature of the dispute and it may be that on smaller matters the trainee is able to deal with the day-to-day handling of the dispute under the supervision of a partner or senior lawyer. On smaller matters trainees might be involved in speaking to clients, drafting correspondence and progressing any court action. On larger matters trainees are more likely to take on a team support role, carrying out legal research, attending meetings, preparing notes and managing documents and files

Types of law practised

• Banking and financial services.
• Contract.
• Equity and trust
• Fraud and asset tracing.
• Professional indemnity.
• Property litigation.
• Tort.

About the author

PAUL OXNARD is a partner in the commercial and dispute resolution group at HAMMONDS in London. Paul graduated with a degree in law from Leicester University in 1993. He is the head of Hammonds' international arbitration group.