Understanding Litigation and Arbitration: the Art of Dispute Resolution
In this special episode we are joined by Gordon Tsang and Amelia Mah who discuss their work in dispute resolution at international law firm CMS. Gordon and Amelia explore the different approaches to working with their clients to settle disputes, including litigation through the courts and the alternative dispute resolution process of arbitration and mediation.
Listen to the episode on Apple Podcasts:
Or on Spotify:
https://open.spotify.com/episode/5w6fWzyUiWLE9G7rWNXMs4
Gordon and Amelia explain how it is hard to define a “usual” day in the life of a litigator as the work is so varied! Working individually on drafting, speaking with different experts ranging from IP (intellectual property) or employment law colleagues at CMS, going to Court, or consulting with barristers or other external experts from industry who are needed to input into building the evidence base for a case. Key skills for this career path are highlighted, including the skill to be able to adapt one’s communication style for different stakeholders, to make complex, technical issues readily understood, and the skill of being able to identify and summarise key points for your audience. Time management and the ability to manage projects well are also emphasised and the need to be proactive and plan ahead, always keeping in mind too your client’s goal. Is this dispute work about reputation management, recovering an investment or seeking to save a client’s business? Every situation differs and a tailored strategy is needed each time.
ACTION FOR LISTENERS:
See this introductory webinar guide to “Disputes 101” from CMS, covering lots of areas mentioned in this episode related to Civil Litigation: https://cms.law/en/gbr/events/disputes-101-introduction-to-civil-litigation202
See this summary of the arbitration process, understand what it is and some of the international dimensions to using this as a form of dispute resolution: https://en.wikipedia.org/wiki/Arbitration