Settling A Case Before Turning It Into A Lawsuit
Filing a lawsuit settlement is not a difficult task. However, with the passage of time, the court proceedings can drain of your money and time and can be extremely exhausting. Even if you opt for a settlement, there are hassles involved in getting the loans approved, paying the loan amount, and yet you may end up getting a raw deal. For those who want to settle their disputes before it reaches the court, there are a number of options available for them.
Popular alternatives for settlement
Arbitration: It is one of the most common methods in settling a dispute and is considered to be an effective option for parties who want to avoid court proceedings. In this method both the defendant and the plaintiff are required to submit their evidences of disputes to an attorney. He is a neutral third party who listens to both parties. Thereafter, he legally reaches a consensus on the settlement amount. If the claimant is satisfied with the verdict, the matter gets settled or else, he can go ahead with filing a lawsuit.
Neutral evaluation: This method is similar to arbitration. Here too a neutral third party gives his verdict on the settlement. However, arbitration is a more scientific approach where there is scope for better negotiation and conciliation.
Facilitation: During this settlement, a third party will be present, typically an attorney who have an expertise in dealing with settlement cases. As against arbitration in which the attorney typically plays a neutral role, in the facilitation method, he would not take a neutral stance. He would try to find ways to settle the dispute and encourage the parties to negotiate and also to end the matter without delay. This form of settlement is very useful and prevents the two parties from filing the lawsuit.
Mediation: mediation as an effective mean of settlement for those who wants to avoid lengthy court trials. In this technique, both the parties present their case before a panel of attorneys or retired judges. At the end of the process, the mediation panel would present the outcome of the settlement. Unlike an arbitrator who merely gives his consent on the settlement, the mediator facilitates in striking a chord so that both the parties to come to an amicable agreement regarding the settlement.
Although alternative approaches are effective to resolve a dispute before turning it into a lawsuit, it is not mandatory for the parties to go for these alternatives if either of them is not satisfied. A lawsuit can be filed in that case. In fact, there are some cases where the claimant is obliged to settle before the court of law. However, as there is a time limit within which any case has to be presented before the court, the claimant has to decide on the type of settlement he wants and abide by those deadlines.
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