Methodology – Litigation, Arbitration & Mediation

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Methodology

Every case is different, but over the years we have developed a consistent methodology for conducting litigation, with the aim of saving our clients time and money.

Effective litigation management requires prompt identification of the essential facts of the case and an accurate legal evaluation of the facts at an early stage of the dispute. We seek to determine quickly the possibilities for ending the dispute and the best way to move forward. At the preliminary stage:

  • We establish the key facts of the case.
  • We determine what evidence is available to the client and analyse it in terms of its usefulness in the litigation—the possibility of introducing the evidence to support the client’s position and rebut counterarguments from the opposing side.
  • We identify the strengths and weaknesses and the risks connected with pursuing the dispute.
  • We analyse the situation from the perspective of the client’s business interests.
  • We analyse the grounds for liability of third parties in relation to the existing dispute.

Without waiting for the dispute to be resolved, we try to propose remedial measures for the future to help eliminate the source of the dispute and thus the risk that similar disputes will arise in the future.

For a business, every dispute is a waste of resources and should be brought to an end as quickly as possible. We try to determine quickly the most feasible and least costly methods of resolving the dispute. At this stage we establish an action plan and schedule for in-court and out-of-court measures. The strategy is discussed and agreed with the client.

In implementing the strategy established with the client, we pursue a number of in-court and out-of-court measures: drafting the statement of claim or defence and other pleadings to be filed during the course of the proceeding, participating in hearings, conducting settlement negotiations and cooperating with experts.

We keep the client informed of the course of the proceeding, describing the steps in the case as it goes forward. We modify the strategy when appropriate to adapt to new circumstances as they arise.

Every case is handled by a designated team of lawyers selected with consideration for the complexity of the case.

We clearly specify the fee arrangements with the client, including the budget for conducting specific stages of the proceeding. We keep the client informed of the work performed and the status of the budget for the case.