We are all familiar with the most traditional dispute-resolution process of our civil justice system: litigation and trial with a judge or jury deciding who is right or wrong – where someone wins and someone loses. However, there are many other options available. Negotiation, mediation and arbitration – often called ADR or Alternative Dispute Resolution- are the most well known.
Whether your conflicts and disputes involve a family or neighborhood dispute or a lawsuit involving thousands of dollars, these processes can be considered. They can be the more appropriate and efficient methods of dispute resolution and can result in a fair, just, reasonable answer for both you and the other party. Settlement and compromise have long been favored in the legal system. In fact, most cases that are filed in a court do settle. Only five percent of all cases filed go to trial. ADR procedures are excellent options for you in dealing with controversy, allowing you to reach resolution earlier and with less expense than traditional litigation. In fact, many courts require parties to consider some form of ADR before going to trial.
Here are some additional information about resolving conflicts and disputes:
- Legal disputes are costly, time consuming and draining. If you are involved in a dispute, it is important to work with an attorney who understands your case and who has your best interest in mind.
- If one party owes money to another, the first step is often drafting a letter of demand for the money owed. This is a legal letter that sets out one party’s demand that they be paid, the legal rights under which the demand is made (for example, under your business terms and conditions), and the consequences of payment not being made.
- The other side may respond with their perspective. You can then seek to negotiate. If the dispute does not settle after negotiations, the next step will generally be filing a statement of claim in the relevant court. A statement of claim is essentially a document which sets out the case of the party seeking redress. The defendant should then file an answer. This response is an explanation of the defendant’s position.
- The statement of claim and the defenses need to be correct, so you should consult an attorney as soon as possible. Beyond simply drafting the necessary court documents, an attorney will advise you of all the pertinent options in your case.
- Should your case be filed in court, your attorney should advise you on the progress of your case and provide you with all your options and the consequences. Your attorney can propose a possible settlement should this be the appropriate course of action for your case. However, your attorney should also be capable of litigating your case through trial.
If you need assistance, or have questions about disputes or ADR, please contact JV LAW GROUP at 714-752-3270, or you can send us an email info@jvlawgroup.com.
