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Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"
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Choosing the Proper Forum for Small Claims (20:IV) (view source)
Revision as of 08:08, 5 August 2016
, 08:08, 5 August 2016→D. Alternative Dispute Resolution
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== D. Alternative Dispute Resolution == | == D. Alternative Dispute Resolution == | ||
Alternative dispute resolution is useful because it is efficient, inexpensive, '''confidential''', informal, and flexible; the parties have control over the outcome. | Alternative dispute resolution is useful because it is efficient, inexpensive, '''confidential''', informal, and flexible; the parties have control over the outcome. A trial, on the other hand, is formal, less flexible, and can be more expensive. With few exceptions, everything that is said in a courtroom or written in a filed document can be accessed by any member of the public. | ||
Parties | Parties who wish to preserve their relationship, avoid the stress of trial, keep the details of their dispute private, or resolve their dispute in months instead of more than a year should seriously consider alternative dispute resolution. | ||
=== 1. Negotiations === | === 1. Negotiations === | ||
Negotiation is cost and risk free. Any contact between the parties should be used to attempt to negotiate a settlement. Parties can negotiate a settlement at any point before a judgment is | Negotiation is cost and risk free. Any contact between the parties should be used to attempt to negotiate a settlement. Parties can negotiate a settlement at any point before a judgment is pronounced. Negotiations are without prejudice, which means they are confidential between the parties and cannot be used against a party in court. Any documentation related to negotiation should have the words “WITHOUT PREJUDICE” written across the top. | ||
Ask the other party if he or she is represented by a lawyer. If so, all communication should be | Ask the other party if he or she is represented by a lawyer. If so, all communication should be with the lawyer. If the other party is not represented, ask the other party if he or she is willing to discuss the claim. | ||
Telephone | Telephone technique should be '''firm''' but '''not argumentative'''. Try to negotiate the best offer possible. | ||
Make a written plan and keep detailed notes of each conversation as it occurs. Plan how best to find out the other side’s position and how best to put forward your position. | Make a written plan and keep detailed notes of each conversation as it occurs. Plan how best to find out the other side’s position and how best to put forward your position. | ||
If | If a settlement is reached, a letter should be sent to the other party to confirm the agreement. Enclose a duplicate copy for the appropriate party to sign and return to you. Any settlement should include a mutual release agreement in which both parties agree to not bring any further claims against each other and to withdraw any other proceedings that may have been commenced. | ||
'''NOTE''' – | '''NOTE''' – If there are multiple defendants, a claimant should obtain legal advice to ensure that an agreement with one defendant does not inadvertently release the other defendants from liability. | ||
=== 2. Mediation === | === 2. Mediation === | ||