There are several risks attached with the lawsuit which potentially require spending enormous money and time. Hence, the first potential step to take before filing a lawsuit is getting a fair evaluation of your case. Unless your case and evidence is strong, your best option may be settling the dispute out of court. Alternative dispute resolution (ADR) consists of several methods for settling disputes outside the court.

The good news is, resolving disputes outside the court is much cheaper and faster. The courts typically encourage the litigants to try alternative ways of resolving disputes. 

Before you decide to proceed for trial you have three options before for settling your dispute outside the court: 

1. Negotiation
2. Mediation
3. Arbitration

Let's discuss each of these in detail.

OPTIONS BEFORE SUING SOMEONE: NEGOTIATION

The foremost option you have is going the old-fashioned way and negotiating with the opposite party in person. Negotiation is searching for a possible agreement that works for both parties.  

You can negotiate on various issues such as whether the other side is taking responsibility for their actions, what kind of remedy you need from the other party and many more. The whole objective of this is for parties to come to a mutually agreed settlement for their dispute. If the negotiation is successful and you reach an agreement, it is always best to have a lawyer assist you in drafting a contract or settlement agreement for the terms you and the other party agreed upon. It is important to draft a contract for getting the settlement legally enforceable. 

OPTIONS BEFORE SUING SOMEONE: MEDIATION

Mediation is another option for you to consider before approaching the court directly. Mediation is a form of ADR wherein both the parties come together to settle their dispute in presence of a neutral third party. The neutral third party is referred to as ‘mediator' facilitating both you and the opposite party in coming to a mutual resolution. 

It is important to note that mediation is a voluntary process. Award of mediation is legally binding only if you sign a mediation agreement. In other words, once again BOTH parties have to agree to the settlement willingly and the mediator cannot force a settlement on any party.  

If you arrive at a resolution, it is wise to have the assistance of an attorney in drafting and reviewing the mediation agreement. By signing the agreement both the parties become legally bound to the terms agreed upon during the mediation.

OPTIONS BEFORE SUING SOMEONE: ARBITRATION

Your last option short of filing a lawsuit is to consider arbitration which is another form of ADR. Arbitration involves settling the dispute by a  neutral third party referred to as ‘arbitrator'. Importantly, both the parties present their case and evidence to the arbitrator who then determines as both judge  and jury on the decision called an award. Arbitration awards are legally binding on both the parties.  

Interestingly, arbitration is similar to litigation since the decision of the arbitrator is final and legally binding. Arbitrator (s) can be appointed by both the parties mutually, or if the parties do cannot agree the Court can get involved if necessary. Importantly, arbitration is the most expensive ADR mechanism as compared to mediation and negotiation. 

In arbitration, always have an attorney by your side to prove  your case to the arbitrator.  One of the biggest advantages of arbitration is confidentiality of the proceedings. Hence, many companies prefer to engage in arbitration rather than going to court.

CONCLUSION

As we discussed, if you're loved one (s) have suffered a wrongful death, reach out to me for free case evaluation or to answer any questions you may have.