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Litigation avoidance covers practical steps to prevent disputes from turning into litigation. It includes risk assessment during contract drafting, drafting robust dispute-resolution and liability clauses, identifying potential triggers for conflict, and implementing early dispute-management plans. A solicitor in this area reviews contracts, negotiates settlements, and prepares pre-action strategies, including early neutral evaluation and ADR provisions. They also advise on the evidential and procedural steps needed if a dispute cannot be avoided, aiming to resolve issues without formal court proceedings.
The solicitor handles identifying risk, drafting dispute-avoidance clauses, advising on settlement options, and coordinating with insurers, clients and opposing parties. They structure negotiations, prepare pre-action materials, and guide clients through ADR processes to prevent costly litigation, while ensuring enforceable agreements and clear exit routes if disputes arise.
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