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FAQs

Frequently Asked Questions

1. What does a dispute resolution lawyer do?

A dispute resolution lawyer advises clients on resolving disputes through negotiation, mediation, adjudication, arbitration and litigation. They assess legal risks, develop strategy, draft and exchange settlement proposals, prepare evidence, instruct counsel and experts, and represent clients in hearings and enforcement proceedings to secure commercial, enforceable outcomes.

 

2. When should I instruct a dispute resolution lawyer?

Engage a dispute resolution lawyer as early as possible—on receipt of a claim, when a contract dispute arises, or where there is a real risk to cashflow, assets or reputation. Early instruction helps preserve evidence, comply with contractual notice requirements, explore ADR and set a cost‑effective strategy.

 

3. How does a dispute resolution lawyer decide whether to use ADR or litigation?

The decision depends on objectives (speed, finality, preservation of relationships), costs, enforceability, complexity and cross‑border issues. A dispute resolution lawyer weighs these factors, advises on likely outcomes and recommends the most suitable pathway—negotiation, mediation, adjudication, arbitration or court proceedings.

 

4. What is the lawyer’s role in mediation?

The lawyer prepares a mediation position paper, advises on negotiation strategy, coaches clients for settlement talks, presents legal and evidential arguments, and drafts heads of agreement. They help secure enforceable settlement terms and, where appropriate, convert agreements into consent orders or contracts.

 

5. How can a dispute resolution lawyer help with arbitration?

A dispute resolution lawyer manages tribunal selection, prepares the arbitration claim or defence, coordinates witness and documentary evidence, uses expert evidence strategically, handles procedural applications and represents the client at hearings, and manages post‑award enforcement or challenges.

 

6. What does adjudication involve and when is it appropriate?

Adjudication is a fast, interim process (common in construction) to determine entitlement—often within 28 days. A dispute resolution lawyer assesses suitability, drafts a focused referral or response, compiles concise evidence bundles and advises on enforcement and subsequent litigation or arbitration risk.

 

7. Do you handle cross‑border disputes?

Yes. A dispute resolution lawyer advises on jurisdiction, choice of law, enforceability of foreign judgments and awards, and coordinates with foreign counsel to pursue or defend claims internationally, including recognition and enforcement actions.

 

8. How are fees managed for dispute resolution work?

Fee structures vary: fixed‑fee initial reviews, capped fees for defined litigation stages, fixed packages for adjudication, phased billing, or hourly rates. A dispute resolution lawyer will provide an engagement letter and a realistic budget estimate after an early case assessment.

 

9. What practical steps should clients take before instructing a lawyer?

Provide a brief chronology, key contracts, correspondence, invoices, notices and any contemporaneous records (site logs, emails). Preserve originals and avoid deleting relevant documents. Early provision of these materials enables quicker, more accurate advice.

 

10. Can a dispute resolution lawyer help with urgent interim relief?

Yes. Lawyers can apply for injunctions, freezing orders, proprietary relief and other interim measures to preserve assets or prevent irreparable harm pending final determination. Early legal advice is essential to secure urgent remedies.

 

11. How does a dispute resolution lawyer work with experts and counsel?

The lawyer identifies and instructs appropriate experts (surveyors, engineers, forensic accountants), prepares clear instructions, coordinates expert evidence with legal arguments, and engages specialist counsel where higher court advocacy is required.

 

12. What outcomes can a dispute resolution lawyer achieve?

Outcomes include negotiated settlements, mediated agreements, adjudicator decisions, arbitral awards, court judgments, injunctions, enforcement actions and cost orders. A lawyer focuses on achieving enforceable, commercially pragmatic results aligned with client objectives.

 

13. How long do disputes typically take to resolve?

Timelines vary widely. Negotiation or mediation can resolve matters in weeks or months; adjudication is typically weeks; arbitration and litigation frequently take months to years depending on complexity and appeals. A dispute resolution lawyer provides an estimated timetable after case review.

 

14. How do you measure success in dispute resolution?

Success is measured by achieving client objectives—recovery or defence of sums, protection of assets, preservation of business relationships, minimised costs and acceptable risk allocation. A dispute resolution lawyer emphasises proportionality and the commercial impact of outcomes.

 

15. How do I arrange an initial consultation?

Contact Sheikh Najam via the online booking form, email (attorney@sheikhnajam.com) or phone (+44 (0) 735 446 8924) to request a confidential initial assessment. Provide a short chronology and key documents to receive focused preliminary advice and a proposed fee estimate.

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