Litigation is a form of dispute resolution, but it is unlikely to be the only type of work you will encounter when working in a dispute resolution practice. Arbitration, mediation, collaborative law and public/regulatory investigations are all increasingly popular and common alternative methods of dispute resolution. In firms that have ­additional practice groups to dispute resolution, you may also advise on the contentious issues that face your colleagues in different departments.

There is no such thing as a typical day. In any given week you could be in court, in the library, at client meetings, in a mediation, instructing counsel, preparing expert evidence or drafting correspondence to the other side. What makes dispute resolution so interesting is the variety of work you undertake.

The subject matter of the work is equally as broad – from tripping on a paving stone to international boundary disputes, celebrity spats to human rights breaches.

The conduct of civil litigation in England and Wales is regulated by the Civil Procedure Rules, which were introduced in 1999 to improve access to justice. A typical case would begin with the service of a claim by a party, followed by the other side’s response by way of a defence and, potentially, a counterclaim. The claimant and defendant then disclose relevant documents to one another and prepare witness statements and experts’ evidence. There may be one or more case management conferences held by the judge before the hearing itself, and a costs hearing after the judgment is given. The lifespan of a case can be anything from a few weeks to several years and can be cut short if the claim is struck out or the parties settle.

Arbitration or mediation can be both cheaper and quicker. Such proceedings are often held in private so that the parties do not have to air their dirty laundry in court and hence in front of the watchful eye of court journalists. The flipside is that court judgments are often seen as carrying a greater binding effect and some clients simply want to have their day in court. ­Arbitration awards are usually less open to appeal than court ­decisions, which can be a good or bad thing – usually depending on whether or not you win.

The working culture

Hours tend to be slightly more predictable than in ­finance or corporate because cases run to court hours and deadlines, rather than the peaks and troughs ­associated with transactional work. That is not to say that litigators do not ever work long hours because they do. Dispute resolution lawyers often have to get to grips with unfamiliar subject matters in very short time ­periods and you’ll need to be able to cope with mountains of paper, so organisation skills are paramount.

Trainee work typically includes drafting witness statements, taking notes at hearings and legal ­research. As an associate, much depends on the firm you work at and the size of the case. Often the procedures involved are broadly the same whether the claim is worth £1,000 or £100m. This means that junior associates who run their own small cases get to see the dispute resolution process through from beginning to end and essentially do the same job as more senior lawyers, just on a smaller scale.

Skills required

It may sound obvious, but a good grasp of ­fundamental legal principles is essential. A dispute ­resolution lawyer will probably spend more time doing legal research and reading cases than their peers in other practice areas.

It is important to have an inquisitive mind and the ability to develop successful strategies. Litigators must be able to construct forceful and eloquent arguments; lawyers working on investigations should be able to ­establish the most advantageous relationship with the investigator; and mediators need to quickly build relationships of trust and understanding. Indeed, ­people skills are a must in all forms of dispute resolution. Being able to handle a nervous client, demanding counsel and a grizzly judge, all the time functioning within your own team, can be trickier than it appears.

Recent developments

The volume of court work in the UK is slowly falling, with parties less willing to incur the costs and publicity that high court litigation involves. This is particularly so in the wake of some recent time-consuming and expensive cases. As a result, alternative forms of dispute resolution, such as mediation and arbitration, are becoming more popular.

At international level, the globalisation of business and the expansion of the European single market have generated more cross-border proceedings and more sophisticated claims. In addition, the increasing ­complexity of regulation at both national and ­European levels is giving rise to large quantities of new contentious regulatory work.

The credit crunch has not had the same effect on ­dispute resolution lawyers as it has on many other solicitors. In fact, dispute resolution practitioners in the financial services sector have found themselves ­inundated with clients chasing debts and seeking ­actions against counterparties. As long as people ­disagree, dispute resolution lawyers will have work.

Rhodri Thomas, associate, Freshfields Bruckhaus Deringer