Dispute
Resolution
Robin will consider the circumstances
and nature of your dispute before providing her advice on how to
proceed. She generally begins with the premise that litigation should
be the last resort because of the time, expense (financial and emotional)
and inevitable hostility that it generates. In addition, once a
judge or jury becomes the decision-maker, the outcome is uncertain
and outside of the parties’ control. Nonetheless, she recognizes
that some matters, for varying reasons, can only be resolved in
court.
If you are bringing the lawsuit, she will confer
with you about the issues before she drafts the complaint. After
reviewing a complaint against you and consulting with you about
the facts and circumstances leading up to the conflict, Robin will
outline your options for proceeding.
Resolving
Disputes Without Litigation
aka Maintaining Control of the Outcome
Many options are available for resolving disputes,
including direct negotiations between the individuals and/or businesses
in conflict, negotiations aided by the advice of an attorney, and
mediation conducted by a third person who has no involvement in
the dispute. All of these methods allow the people involved in the
dispute to maintain control of how it will be resolved.
Mediation is not easy and can rarely be completed in a few hours.
In fact, it may take anywhere from one half-day session to several
sessions over multiple days and involving multiple phone calls between
the mediator, attorneys and their clients. Mediation and less formal
means of negotiation require patience, flexibility and a willingness
to work toward a solution. When all parties agree that it’s
worth making the effort, mediation is a relatively inexpensive first
step. If the mediation process is successful, it will enable everyone
to move forward with their business and personal endeavors. If it
isn’t, a lawsuit is still an option.
When
Litigation is Inevitable
A lawsuit is inevitable when you have been served with a complaint.
Although roughly 95% of cases are settled before trial, at a minimum,
you have a fairly short time to respond to the complaint. It may
also be inevitable, if you, in consultation with your attorney,
have decided that a lawsuit is the best means for resolving the
matters at issue.
Once you are involved in a lawsuit, whether you initiated it (as
plaintiff) or were sued (as defendant), the process will be controlled
by deadlines. Some of those deadlines will be set by the court,
and some will be determined by the date on which attorneys serve
various papers. Sometimes the attorneys will stipulate to certain
deadlines. It is impossible to know in advance how much time it
will take to resolve the matter because so many variables are involved.
For this reason, litigation attorneys charge by the hour.
Please contact Robin to discuss your options.
TEL 310 374 0468 consult_ry@robinyeager.com
|
