Ten Tips to Prepare to Settle Your Case Out of Court
1. “I’ll see you in court!” suggests one way to resolve a dispute. Many people have no idea how expensive, time consuming and stressful going to court really is, so considering alternative ways to settle out of court can be beneficial.
2. Try to figure out what you really want to end a dispute. It could be money, a specific action, an apology, or some combination of these things.
3. Consultation with a legal professional can give you insight on what the law will provide and the limitations of the law.
4. Prioritize what is most important to you: the A list is the “must have”; the B list is the “nice to have”; and the C list is “what you might easily trade in order to achieve a deal.”
5. Be strategic. Try to put yourself in the other party’s shoes to figure out what may be most important to him or her so you can figure out what the other side’s ABC lists might be.
6. Consider engaging professional assistance. While litigation is an option, approaches outside of the court setting may be most appropriate for your case. Some examples include mediation, settlement conferences, and collaborative law processes. Find out about alternative dispute resolution (ADR) and about competent neutrals working in your community. For additional information, please click here to to find out more about ADR.
7. Keep an open mind to ideas and information that may emerge. You may be pleasantly surprised at some of the options generated from thoughtful discussions with the other party.
8. Acting respectfully and speaking politely increases the likelihood of both an immediate and long-term resolution of a dispute, so keep your negative emotions in check.
9. Retain your dignity and remember the other party needs to retain his or her dignity as well.
10. Settlements require compromise – some give and take from both sides. Very few get everything that they want. Life does go on, and as the Sages tell us, this too shall pass.