Why legal disputes don’t have to be scary

As we approach Autumn, with pumpkins growing in fields and Halloween decorations appearing in the shops, it feels fitting to talk about fear.

Not the kind that comes from ghosts and goblins, but the fear that can come with a dispute. For those living, working and operating in Scotland’s rural sector, the prospect of a legal dispute can feel every bit as frightening as a haunted house.

But disputes do not need to be as scary as they seem. They can often be resolved quickly and successfully – if you get advice early, have an effective strategy, and ensure that you understand all the options.

Early advice

One of the most daunting aspects of a dispute is uncertainty – the fear of the unknown. What will the outcome be and how much will it cost to get there? Seeking early advice can help dispel that fear – for many reasons.

Speaking to a specialist early, before people have become entrenched in their positions, enables you to consider all the ways in which you could resolve matters without the nightmare scenario of protracted litigation. This gives you the best chance of bringing things to a close with much less stress and expense.

Disputes are much easier to resolve quickly when both sides understand their rights and obligations – and, again, it is much better to establish this early on. For example, understanding your tenancy or partnership agreement can stop disagreements about repairs, rent or succession from escalating.

Spotting potential risks at the outset is also invaluable. Disputes often have grey areas in which there is no single clear answer. Identifying these, and understanding how they might affect your position or argument, can help you to develop a more successful strategy.

Early advice can also mean relevant dates by which legal proceedings may need to be raised (e.g. to avoid any potential time-bar issues) can be identified and met.

Finally, early and thorough intervention can also strengthen your position by ensuring that you gather and preserve important evidence such as legal documents to ensure these are not lost or misplaced as time passes. It’s also usually much easier to take witness statements at an early stage, before memories fade.

An effective strategy

Having a clear dispute resolution strategy in place at the outset is vital and can help avoid nasty surprises.

This is particularly so where disputes involve complex legal issues and relationships, which is often the case in the rural sector.

We work with you to put in place a strategy which sets out the possible options, the process to be followed, the timescales and the range of possible outcomes. And we won’t just be thinking about the law. We are immersed in the rural sector, and take the time to understand the drivers behind a dispute – whether personal or commercial – and the long-term impact on all involved, as well as the costs.

This lets you proceed much more confidently.

Understanding all the options for resolution

Going to court is sometimes unavoidable, but usually there are other ways to resolve a dispute. Some contracts or other agreements may set out the dispute resolution method, and it is better to know this at an early stage.

Alternative methods such as negotiation and mediation can help parties to resolve the situation without the time, cost and stress of litigation. Equally importantly, they allow the parties to retain control over the outcome, rather than leaving it in the hands of a court.

For many in the rural sector, preserving or repairing relationships – with family members, neighbours, or business partners – can be just as important as the legal outcome. Alternative dispute resolution can help with that goal too.

Moving on without being haunted

Ultimately, the goal in any dispute is to reach a resolution that allows parties to move forward without unnecessary expense, without the stress of a lengthy court process, and without lingering issues which might haunt personal or business lives.

With early advice, a clear dispute resolution strategy and the right team on your side, disputes can be managed – and hopefully resolved – in a way that is far less frightening than it might initially seem.

Contributors: