When faced with insurmountable issues, many people believe that a lawsuit is their only option. However, going to court can be time-consuming and expensive on both sides, and it isn’t guaranteed to yield the resolution you want. If you’re ready to consider options beyond litigation, here are some ideas to think about.
Attorney Communication
Sometimes, direct contact from an attorney is enough to produce an agreement between both sides. If the other party isn’t aware that they could be held liable for the harm they’ve done to you, a firm letter from an attorney could bring them to an agreement out of court. Depending on the situation, your attorney may choose to draft a cease and desist letter or a letter informing them of your intent to file a lawsuit in an attempt to avoid protracted litigation.
Direct Negotiation
In many cases, both parties are interested in reaching a resolution. Consider allowing your attorney to negotiate directly with the other party’s attorney on your behalf. Your attorney should have extensive knowledge of your case and know what you can expect in terms of compensation. If your attorney can secure an arrangement that satisfies you, you may be able to avoid court and pay significantly less in lawyer fees.
Mediation
If both parties are willing to consider alternatives to litigation, mediation could be a viable option. This process involves a third party who mediates deliberations between both parties. Depending on the issue being discussed and the relationship between the parties, both parties may stay in the same room to negotiate or the mediator may go back and forth between the parties in separate rooms. If both parties reach an agreement in mediation, their attorneys draft proper paperwork to make the agreement legally enforceable.
Arbitration
Arbitration is one step up from mediation, and it may be the final step before litigation. Before both parties go into arbitration, they may sign paperwork agreeing to make any agreement they reach legally binding. This gives the arbitrators more power than the mediator has. Arbitration hearings are fairly similar to litigation; the parties select the arbitrator(s), make their arguments, and allow the arbitrator(s) to evaluate their cases. The arbitrator(s) can interview witnesses and evaluate evidence. While arbitration hearings are usually more extensive than mediation, they are still often much less time-consuming and expensive than litigation.
If you’re evaluating different options to settle a disagreement, you need skilled legal counsel on your side. Schedule your free consultation now—call Capshaw & Associates at (214) 761-6610 today.