How to Avoid Lawsuits

When disagreements arise, either financial or personal, some choose the option of using our legal system to settle the dispute. This solution, however, is costly and often results in bitter feelings between the plaintiff and the defendant. Before taking your case to court, try a handful of alternate methods to resolve your problem and avoid a lawsuit.

Instructions

Difficulty: Easy

1. Negotiate a compromise with the other party. Many opponents are open to negotiations if they feel a mutual agreement is possible. Listen to their side of the story without making personal attacks and present your side in a calm manner.
2. Look at the negotiations as a problem-solving session. The optimal solution is for both parties to walk away feeling as though they have avoided a costly lawsuit and have won, at least in some small measure. Compromise and change must take place in order for this to happen.
3. Establish and rank your priorities. To avoid a lawsuit, both parties should make a list of their wants, in order of importance. A written list gives everyone a visual aid when determining how much each party is compromising.
4. Request a mediator if negotiations do not successfully resolve the problem or if intense anger is present in either party. Professional mediators are adept at moving the process along but a pastor or counselor may act as a mediator if both parties agree.
5. Choose arbitration as a last means before filing a lawsuit. Arbitration is a binding decision of one or more impartial persons, trained to assess cases and render a written decision. The courts consider this decision to be binding and should a breach of contract occur, the decision converts to a court judgment if the injured party chooses to proceed. Contact the American Arbitration Association to find a qualified arbitrator in your area. (See Resources)