Civil Dispute Problem Solving
We take many calls regarding potential civil disputes. They involve everything from home remodeling projects gone wrong to real estate disputes to business ownership and buyout disputes to property damage disputes. Many of these disputes share a similar theme: “There’s a problem. I need to get it solved. The problem is that the other side is either ignoring me, procrastinating their response, or trying to play games with me. I feel like no one will listen to me or take me seriously unless I have an attorney. But I know attorneys can be expensive. I know how to negotiate. I know what I want out of this. I want to try to make this go away myself. Is there anything I can do?”
Yes, there is. Many people are more than willing to engage in the dispute resolution process on their own. The best resolution may be a resolution that you are able to achieve yourself, as long as you (1) feel you are being treated fairly and (2) you are willing to live with anything you are giving up in order to make the problem go away.
Before you call your attorney about a potential civil dispute that could involve litigation, it is a good idea for you to get organized, prepare your case for review by an attorney if you eventually go that direction, and then consider if you might be able to resolve the case yourself.
Start by sitting down and taking a deep breath. Set any emotions you may be feeling aside. You have been wronged. You know what the problem is. It’s now your job to try and convince the other side that it is better for everyone if you work this out without getting the courts and the attorneys involved. Getting angry and upset – either now or later – probably won’t help you be convincing and very well could create issues for you later. Once you have convinced yourself to approach your problem by getting organized and assembling your evidence instead of venting and raging, you will be surprised at how much more articulate you will be.
Start out organized. Write up the story of what happened, including, to the best of your memory, any conversations that you believe are significant. Create a timeline of events, with dates whenever possible. Then, organize your evidence. All of these things will only help you make more reasonable arguments and will help your attorney get off to a running start if things don’t work out.
Then, stop for a moment and consider what is causing the problem. Are you dealing with someone who knowingly did something wrong? Or is the issue being caused by someone failing to communicate, or someone procrastinating? In a situation where you think that a failure to communicate, not a wrongful act, may be creating the issue, the best thing you can do is find ways to respectfully communicate with the other side that will make the issue harder to ignore.
It should go without saying that if you have concerns about your own safety or about a potential negative or dishonest reaction from an adverse party, you should only communicate with the other side in writing. In any event, you can draft and send (or personally deliver) your own demand letter as the next step in your attempt to resolve the case. Remember, if you aren’t received well by the other side, take the high road. A soft answer turns away wrath, as they say. There’s no need to get angry or upset in return. You know, in the back of your mind, that you are thinking about getting an attorney to help you. You know that you are doing your best to resolve the issue yourself, and that there are options for you if you aren’t successful.
Many of our clients are able to work out resolutions themselves by utilizing these methods – organizing their evidence and arguments and making an effort to communicate with the other side in a respectful, yet firm and insisting way. Let’s say that you have tried all of these steps and not reached a resolution. At that point, you should reach out to an attorney to discuss your case and your options. You have your evidence and timeline organized already, so it should be fairly easy for an attorney to understand your case quickly. It will be helpful for your attorney to look at your organized timeline, narrative of events, and evidence. At that point, your attorney will help you craft a strategy to address the problem.
If you are able to work out a resolution yourself, you should put the resolution in writing and both parties should sign it. This also may be a good time to get an attorney involved. An attorney can provide helpful advice on drafting a settlement document that will solve the dispute and prevent future disputes.
–Posted by Joseph T. Pates
