Best Dispute Resolution Solicitors in Glasgow

What do dispute resolution solicitors in Glasgow handle?

Dispute resolution solicitors act for people and organisations on either side of a civil disagreement. For individuals, that might be a claim against a builder or tradesperson, a dispute with a neighbour, a debt, a disagreement over an inheritance or a complaint about professional services. For businesses, it often means unpaid invoices, broken supply contracts, shareholder disagreements, commercial lease disputes or claims against advisers. Litigation solicitors in Glasgow work under Scots law, which has its own court system and rules of procedure that differ from those in England and Wales.

Can a dispute be resolved without going to court?

Most solicitors will look first at whether a dispute can be settled without a court action. The main options are:

• Negotiation. A solicitor can set out your position in writing, test the other side's case and negotiate terms, which may be recorded in a binding settlement.
• Mediation. A mediator is an independent person who does not take sides. The parties, not the mediator, decide whether to reach an agreement and on what terms. Some mediation services charge a fee.
• Arbitration. An arbitrator hears both sides and makes a decision that is binding. In Scotland, arbitration is governed by the Arbitration (Scotland) Act 2010 and the Scottish Arbitration Rules in its first schedule. Its founding principles are that disputes should be resolved fairly, impartially and without unnecessary delay or expense, that parties should be free to agree how disputes are resolved subject to public interest safeguards, and that the court should not intervene except as the Act provides. Some of the rules are mandatory, while others, including the rule on confidentiality, are default rules that the parties can change.
• Ombudsmen. For complaints about some organisations, an ombudsman scheme can investigate free of charge, although its decision is not binding and you can still go to court.

Alternative dispute resolution is not meant to replace the courts, but it is worth considering before a court action is raised.

How does court action work in Scotland?

Simple procedure in the sheriff court

Simple procedure is used for claims for payment of £5,000 or less, and for some claims about property or requiring someone to do something, where there is an alternative money claim of £5,000 or less. Glasgow cases are dealt with at Glasgow Sheriff Court, 1 Carlton Place. You do not need a solicitor to use simple procedure, but you can instruct one. The sheriff can refer the parties to alternative dispute resolution and, where settlement looks possible, must help the parties negotiate.

Ordinary cause in the sheriff court

Claims worth more than £5,000 are usually raised under the ordinary cause procedure, which is more formal and where legal advice is recommended. Civil claims with a total value of £100,000 or less, excluding interest and expenses, must normally be brought in the sheriff court rather than the Court of Session.

The Court of Session

The Court of Session in Edinburgh is Scotland's highest civil court. Its Outer House mostly hears cases at first instance, usually before a single judge, and its Inner House is mainly an appeal court. Complex and higher-value cases may be raised there, and your solicitor may instruct an advocate or solicitor advocate to present the case. See our page on commercial solicitors in Glasgow for the non-contentious side of business advice.

What are the time limits for a claim in Scotland?

In Scotland, prescription extinguishes the right itself once the period has run, rather than simply barring court action. Under the Prescription and Limitation (Scotland) Act 1973:

• Five years for most contractual claims. Obligations arising from a contract or promise, obligations to pay damages and obligations based on unjustified enrichment are extinguished after a continuous period of five years without a relevant claim or relevant acknowledgment.
• When the five years starts. For claims for damages, the period usually starts when the loss, injury or damage occurred. If you were not aware, and could not reasonably have become aware, that loss had occurred, that it was caused by an act or omission and who was responsible, the start is postponed until you could have known. It does not matter whether you knew the act or omission was legally actionable.
• Twenty year long-stop. Most obligations are extinguished in any event 20 years after they became enforceable, unless a relevant claim has been made and is still being pursued.

These rules were reformed by the Prescription (Scotland) Act 2018, which came into force in stages on 1 June 2022 and 28 February 2025. Personal injury claims follow different rules, explained on our page on personal injury solicitors in Glasgow. Because the rules are technical, take advice well before any deadline.

How do I choose a dispute resolution solicitor in Glasgow?

Choose a solicitor who regularly handles disputes of your type and value, and who will give you a frank view of the risks as well as the strengths of your position. Our guide to choosing a solicitor in Scotland explains regulation and complaints. Useful questions at a first meeting include:

• Could prescription affect my claim, and when might it expire?
• Which route do you recommend: negotiation, mediation, arbitration or court?
• Which court or procedure would apply, and why?
• What is the risk that I will have to pay the other side's expenses?
• How will you charge, and could legal aid, insurance or a success fee agreement apply?
• Will you need to instruct an advocate or solicitor advocate?

What does litigation cost, and is legal aid available in Scotland?

The general rule in Scottish civil cases is that expenses follow success: the losing party usually pays the successful party's expenses. In simple procedure, expenses are normally limited: there is usually no award for claims of £300 or less, a cap of £150 for claims over £300 up to £1,500 and a cap of 10% of the claim value for claims over £1,500 up to £3,000, with exceptions for unreasonable conduct. Funding routes include:

• Civil legal aid. The Scottish Legal Aid Board considers your finances, whether there is a legal basis for the case, whether it is reasonable to fund it with public money, and whether other help is available. You may have to pay a contribution.
• Advice and assistance. This covers advice from a solicitor short of court representation, for people who are financially eligible.
• Success fee agreements. Under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, a solicitor and client can agree that a fee is payable if the claim succeeds, with no fee or a reduced fee if it does not.
• Insurance and other sources. Legal expenses insurance or a trade union may fund a case, and mediation services and law centres can help too.

Companies and other bodies cannot get legal aid, so business disputes are usually funded privately or through insurance.

How should I read the dispute resolution solicitor rankings on this page?

Our rankings reflect the published evidence we have assessed about each firm, such as the dispute work it describes and any independent recognition it holds. They are not a guarantee of service or outcome. Always check a firm's current details directly, and read how we rank for our method.

Dispute Resolution solicitors in Glasgow: questions and answers

What is the limit for simple procedure in Scotland?

Simple procedure is for claims for payment of £5,000 or less, and for some property or performance claims with an alternative money claim of £5,000 or less. You do not need a solicitor to use simple procedure, although you can instruct one if you wish. Claims over £5,000 are generally raised as ordinary cause.

How long do I have to make a claim for breach of contract in Scotland?

Usually five years. Under the Prescription and Limitation (Scotland) Act 1973, most obligations arising from a contract are extinguished after five years without a relevant claim or acknowledgment. For damages, the period runs from when the loss occurred, but can be postponed if you could not reasonably have known about it. A 20 year long-stop also applies.

Is arbitration binding in Scotland?

Yes. An arbitrator's decision is binding on the parties. Arbitration in Scotland is governed by the Arbitration (Scotland) Act 2010, whose founding principles include resolving disputes fairly, impartially and without unnecessary delay or expense, and limiting court intervention to what the Act allows. Arbitration usually depends on an agreement between the parties to use it.

Will I have to pay the other side's legal costs if I lose?

Possibly. In Scottish civil courts the general rule is that expenses follow success, so the losing party usually pays the successful party's expenses. In simple procedure, awards are capped for lower-value claims, unless a party has behaved unreasonably. A litigation solicitor in Glasgow should explain your expenses risk before you raise or defend an action.

Which court will hear my case in Glasgow?

Most civil cases are heard in the sheriff court, and Glasgow Sheriff Court is at 1 Carlton Place. Claims with a total value of £100,000 or less, excluding interest and expenses, must normally be brought in the sheriff court. Higher-value or complex cases may be raised in the Court of Session in Edinburgh.

Do I need a solicitor for mediation?

Not necessarily. A mediator is independent and does not take sides, and the parties themselves decide whether to agree and on what terms. Many people still take advice from a dispute resolution solicitor before and after mediation, so that they understand their legal position and the effect of any agreement before they sign it.