Dispute occurs when the two parties show their emotional feelings into the case which will lawyers are handling. In most occasions clients tends to resolve the cases without involving the lawyers but, to some situation it is not possible in many cases because of some reasons.
- Many will not have courage to talk with their partners.
- Some will have challenges in obtaining all information concerning the case.
- Some do experience challenges in making decisions even though they have a valid solution.
Because of this factors lawyers are required to come in to handle such disputes with willingness and experience which they have from school of law. Most cases that do show great disputes are family disputes and this where family lawyers are mostly required. Family lawyers are known interests in solving family disputes because at the end of the day, they end up making money.
Some of the disputes that a family can experience are like:
- Relationships and matrimonial disputes; where lawyers do receive clients who wants either to end their marriages or relationships. So a client will ask on how to handle the matter whether to end or move straight to a divorce.
- Property ownership and management; some families do own large companies, therefore lawyers usually are required to advice their clients who have come to seek advice at their will.
- Next of keen; most families do have many properties and thus, the owners who are parents will like to hand over the property to their next of keen which they will select. This is done by families consulting lawyers who usually help them to select.
Most lawyers do carry out a negotiation immediately after receiving the case from their clients. This is done by a lawyer receiving the two parties and then tries to listen to their disputes. Courts will also expect some negotiation between the parties before issuing the court proceedings before final hearing is done. Forms of negotiation that can be carried out by lawyers are;
- Settlement between clients; negotiation between clients themselves directly. The advantage to this form is that clients have complete dispute resolution. Problem that may occur is that a weaker position will agree without full disclosure or has been pressurized into agreement.
- Discussing through correspondence; is around table meeting or face to face negotiation where there is direct response between the two parties. In this case lawyers does not enjoy it more especially the practitioners since they get hard times in responding to their clients.
- Communicating and talking via telephone; done via telecommunication network where the two parties solve their disputes from the two ends.
- Meeting one on one with the counsels; involves barristers which usually solving complex cases. This usually favors less experienced lawyers.
- At court; carried out in courts to carry out hearings between the two parties.
Other than those method mentions above there are other that can be used to solve a dispute between the two parties; this is why it is important to have will dispute lawyers.
Arbitration: two parties enter into an agreement of appointing a suitable qualified person to adjudicate a dispute.
Mediation: is a willing process and parties attend in person with mediator to discuss problems. The mediator will identify and clarify problem between the groups and then discuss the way out.
Collaborative law: working of lawyers and clients hand in hand to solve issues without going to court.