In order to help the parties to bring about a swift and economic conclusion to the dispute the underlying problems should be investigated. Picking up the telephone in an attempt to settle the dispute before matters get out of hand will rarely be seen as a sign of weakness by the other solicitor. It is obviously common sense. However, the years of antagonism may make it difficult for the solicitor to persuade the client to allow him to do so, particularly where he perceives himself as being the bullied party. He does not want his courage in now instructing a lawyer to be undermined.
Careful persuasion is required.
Failure to do so may result in the court using its discretion to punish a guilty party when making orders for costs if proceedings are commenced. Mediation may be a successful way of resolving the dispute. The Land Registry will also provide a great deal of assistance to those who request its help to resolve the dispute. If the parties will not compromise the lawyers have to get on with the task of fighting the case. Many solicitors and barristers hate boundary disputes.