Most people in Court should work things out. Why don’t you settle your case?
There’s generally a lot of fingerpointing at the other side: “I’m in Court because of them”.
That may be so, but a lot of time the finger pointer hasn’t given settlement a good try.
How can you settle your case?
- Get a strategy together: one for litigation and one for settlement.
- Arrange a without prejudice meeting. Negotiating in person is best.
- Mediate if that’s what it takes to meet in person.
- Arrange a without prejudice telephone call. Negotiating over the phone is second best.
- Write some emails or letters (mark them “Without Prejudice” at the top); the correspondence will support a costs argument at the end of the day if you’re reasonable.
- Make an offer.
- Make a counteroffer.
- If most but not all issues can be settled, agree to arbitrate any remaining issues.
What documents confirm the settlement?
- A verbal settlement agreement is binding. It should be confirmed in writing.
- Minutes of settlement is a formal document that lists all aspects of the settlement.
- An exchange of letters or emails can confirm a settlement instead of formal minutes of settlement.
- Acceptance of an offer or counteroffer constitutes settlement.
Drained by litigation? Keep litigating. Or…
You could hire one of our Members on a limited scope basis to help you with your strategy, coach you through negotiations / mediation and proofread settlement documents.