There are many ways to settle a dispute out of court. Even the courts encourage you to settle before a trial – most courts have a compulsory late-stage mediation requirement.
Traditionally. many lawyers use going to court to leverage an outcome. They may try to negotiate an outcome directly, but they will often commence proceedings (file an application in a court) to push as resolution if negotiations are not working.
Having proceedings on foot in court can help to bring someone to the table who refuses to negotiate. Also, having a court involved gives you timeframes, and it generally forces people to have a mediation.
But let’s forget the traditional approach.
There is an alternative, and much less direct approach. The alternative, so you can settle a dispute out of court, is much more flexible.
This video is one of the lessons in our 5-part email series on How to Resolve Your Problem Without “Going Legal”:
So methods to use to settle a dispute out of court include:
- your direct negotiation (without a lawyer). Get some legal advice, and learn to negotiate yourself,
- early-stage mediation. It doesn’t just have to be all one day – you can have multiple shorter mediations to resolve things over time. This also gives you both time to process the discussions,
- arbitration. This doesn’t have to be a decision over your whole situation, but bringing in an expert to give you a decision on a particular aspect of your dispute could help move the matter to settling, and
- collaborative practice. This is a unique facilitated process, where all the professionals you have need to be trained in collaboration. We all agree to work hard to settle the dispute out of court, by signing an agreement that none of us will be involved or benefit from going to court.
Enrol in the full email course to learn the other elements of settling a dispute out of court.