Or You Could Settle Your Case

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?

  1. Get a strategy together: one for litigation and one for settlement.
  2. Arrange a without prejudice meeting.  Negotiating in person is best.
  3. Mediate if that’s what it takes to meet in person.
  4. Arrange a without prejudice telephone call.  Negotiating over the phone is second best.
  5. 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.
  6. Make an offer.
  7. Make a counteroffer.
  8. If most but not all issues can be settled, agree to arbitrate any remaining issues.

What documents confirm the settlement?

  1. A verbal settlement agreement is binding.  It should be confirmed in writing.
  2. Minutes of settlement is a formal document that lists all aspects of the settlement.
  3. An exchange of letters or emails can confirm a settlement instead of formal minutes of settlement.
  4. 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.

Mick Hassell

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