Encountering an unexpected civil legal issue can often be stressful but with professional legal advice, it is possible to understand the available options and work out a clear legal roadmap for the next steps. Civil legal issues can relate to disputes between individuals and organisations in relation to a wide range of areas of law. With a broad range of civil law issues the steps that can be taken to reach the best outcome in each instance will vary. In any area of law, the best first step is discussing your legal issue with a specialist solicitors to gain an understanding the next steps which can be taken from a legal standpoint
Whilst some civil legal cases progress to court, many are settled out of court and there are also a range of Alternative Dispute Resolution (ADR) steps that can be taken. This is an increasingly popular option to reach an efficient and cost-effective resolution to legal disputes with some common ADR processes including mediation, arbitration, collaborative law and neutral evaluation. In instances where ADR is not a viable option and it is not possible to settle, legal proceedings can progress to court. In this instance, your solicitor will typically instruct a barrister, a specialist trial lawyer in the UK, to represent you in court. Some solicitors, referred to as solicitor advocates, have higher rights of audience and can represent you in court.
Read more for some further information on the different steps to resolving a civil legal issue.
Areas Of Civil Law
There are a wide range of different legal areas in civil law including family law, property law, commercial law, probate law and many other areas. The best process for resolving a specific civil legal issue will differ depending on the area of law. In family law, it is often beneficial for both parties to work together with their lawyers to achieve the best outcome for a wide range of reasons. In an employment law dispute, it can often be necessary for legal proceedings to progress to an employment tribunal or to court in order to achieve a fair and just outcome.
In many cases, there can be overlap between different areas of civil law. For example, family law can often overlap with property law. If legal proceedings progress to court, the area of law will have an impact on the court in which the case is heard with family law cases heard separately from other civil law cases. There are also specialist courts for many commercial legal matters as a result of the complex and technical nature of commercial litigation. Some specialist courts within the UK include
Disputes
Many civil law matters relate to disputes between individuals and organisations. One example of this is in employment law claims. Claims made in employment law matters can often relate to complex legal issues and so independent legal advice is crucial in working towards the best possible outcome. Often where the evidence is clear in a case it can be beneficial to both parties to work towards an out-of-court settlement in order to save time and reduce legal costs.
Depending on the area of law there can be a range of different outcomes that are sought by parties in legal disputes. Many claims are made for financial damages. In this instance, the claimant would seek a financial amount as compensation. Another example of a civil remedy that a claimant would seek is specific performance. In a claim made following an alleged breach of contract, a claimant could ask that specific actions agreed in the contract are carried out. One example where this has a clear application is in the sale of a property. In this instance, a court could make an order for a party to complete the sale of a property where there is a contract to do so which has been breached.
Alternative Dispute Resolution
Increasingly, Alternative Dispute Resolution (ADR) processes are utilised in legal matters as they can provide an efficient and cost-effective route to achieve the best outcome for both parties. One of the most common ADR processes is mediation. In mediation, both parties’ solicitors are present along with an accredited mediator. The mediator will work to understand the core issues and work to suggest outcomes that would be fair for both parties.
Most mediations will take place over the course of a day and can be held in person or remotely. Throughout the mediation, both parties will leave the room or video call to discuss the advantages and disadvantages of the mediator’s suggested resolution. There will also be the option to use the mediator’s suggestion as a starting point for settlement negotiations in the days following the mediation providing the opportunity for both parties to consider the available options. A benefit of mediation is that a mediator’s decision is not binding.
This differs from another alternative dispute resolution process called arbitration. Arbitration is more similar in form to court proceedings than mediation and the decision of the arbitrator is binding. There are a range of situations where courts of arbitration are relied upon including professional sports and there are also benefits to using arbitration as an ADR process in legal proceedings for private individuals. In arbitration, both parties would choose an arbitrator they would be happy to use. This option is sometimes used in family law matters where both parties favour the privacy of an arbitration process whilst still benefiting from a definitive decision.
Finding a Solicitor
The first step in resolving a civil legal issue is to seek advice from a local solicitor with specialist expertise in the relevant legal area. There are a number of search engines that can be used to easily find local solicitors with a specialism in the required area of law. One of these is the Law Society’s Find a Solicitor search engine. This offers a basic search function where legal issues and locations can be searched as well as more advanced search functions with more options.
Booking a consultation or initial appointment with a solicitor is a good first step in deciding to use their legal services. It is often useful to ask whether they have experience providing assistance with cases with similar facts in issue. This initial appointment can also be a useful step to discuss the likely costs. There will typically be a number of factors that can impact variation in costs throughout a case. However a fee estimate will give a clear idea of a general figure with some solicitors offering fixed fee services on a range of matters.
Another good way to find a solicitor is based on recommendations. If you know someone who has received assistance in relation to a similar issue it can be helpful to ask which law firm they went to in order to seek legal advice. It is beneficial to have a local solicitor for a number of reasons. The main reason is that this will make the process significantly more convenient as you work to resolve your civil legal issue. An additional reason is that if a case progresses to court it is likely that it will be listed in a court which is local to you so it is beneficial to also have your solicitor based in the same area.
Our Expertise
Our experienced team of lawyers at DJP Solicitors has experienced working on cases relating to divorce, family and separation, landlord and tenant disputes, and employment law claims. Based in Aberdeen with coverage of the North East of Scotland our knowledgeable and specialist team can provide clear and concise professional legal advice to help you reach the best outcome in your legal matter.
DJP Solicitors: Find A Solicitor For Your Civil Disputes
At DJP Solicitors, our legal professionals can provide legal services for a wide variety of cases, including not only civil disputes and family law, but also employment law, contract disputes and landlord/tenant issues. With extensive knowledge and specialist areas of expertise, our team will work hard to quickly resolve your matter, achieving the desired result. Established in 2008, we offer professional and affordable legal services to clients in Aberdeen and North East Scotland. Looking for representation from a well-regarded local legal team? We’re here to help.
With regard to payment, we always look to offer fixed fees whenever possible, able to offer this for undefended divorces, some separation agreements, as well as employment cases. A one-off consultation will always cost a set fee, allowing you to see a solicitor for up to an hour, with advice provided which may save you time and money in the long run. Contact us today for additional information on everything from marital disputes, antisocial behaviour from tenants, and much more.
Comments