Resolving Legal Disputes

We spend a lot of time at work and around our co-workers and colleagues.  When a dispute arises, emotions often soar along with stress.  The best thing to do, of course, is to prevent disputes before they arise.  However, as soon as a dispute does begin, start by negotiating.  If negotiation fails, then move on to mediation, and finally arbitration or trial.  In the alternative, small claims court might be a great alternative.

1.  Prevent disputes. 

Communicate clearly and effectively by using the following tools: 

• Set clear standards of expectations. 
• Ensure your contracts are unambiguous. 
• Conduct honest employee reviews, etc.

2.  Negotiate. 

Negotiation is the process of sitting down at the table together, explaining the problems, listening to each other, and searching for a mutually agreeable solution.  Following are a few tips for effective negotiation:

• Use your listening skills.
• Determine the other party’s motivation and demonstrate that you understand the same.  This will increase cooperation, and might show you that you’re not as far apart as you thought.
• Try to solve the other party’s problem.  An agreement that solves their problem may be better than no agreement at all and will prompt agreement.
• Once you agree on a solution – put it in writing, immediately, and sign.  Offer to have your attorney draw up the first draft.
• Walk away if you have to and let time have an effect.

3.   Mediate.

  Mediation is akin to negotiation with a neutral third party’s assistance in finding a solution that is mutually agreeable.  Mediation is not binding, and there is no guarantee of a resolution.  Each mediator has his or her own style.

            What it looks like – the process:

• One approach is to separate the parties and move between them, helping each side to analyze options confidentially. 
• Other mediators will keep everyone in the same room, get everything out in the open together, and then facilitate an agreement. 

            How the mediator gets it done: 

• Facilitative Mediation. The mediator assists in finding a solution, but does not make recommendations, give advice, or offer an opinion on possible court outcomes.
• Evaluative Mediation.  The mediator points out strengths and weaknesses, predicts a court outcome, and may make recommendations.  

4.  Arbitration vs. Trial.

Arbitration is a process similar to a court trial but with fewer formalities, costs, and time.  Both result in a binding resolution. 

Some of the differences include:

5.  Small Claims Court.

In Oregon, small claims court is for recovery of money or personal property only, valued at less than $7,500; you cannot request that someone cease acting in a particular way.  The hearings are informal compared to the trial court system and attorneys are typically absent.

To file a small claim you will need to:

1. Try to settle the dispute.  You cannot file your claim without submitting an affidavit stating that you attempted to resolve the dispute informally.
2. Gather all records or documents of your claim, and secure your witnesses.
3. Determine the complete name and address of the defendant(s).
4. Write a short and concise statement of the basis of your claim, with all relevant facts and dates.
5. Visit the courthouse in the county where the defendant resides, is incorporated, or where the events in question occurred.  This is where you will file your claim using the courthouse-provided forms.
6. Serve the defendant(s).  The courthouse will provide information on how to do this.
7. The defendant will then have 14 days to respond.  Defendant may: deny or admit the allegations; assert claims against you and request a hearing; or do nothing.
8. If defendant does not respond, you may fill out a “Request for Default Judgment” and submit it to the court.
9. If defendant denies the claim or asserts others against you, then there will be a hearing.
10. At the hearing.  Be sure to bring with you a prepared statement of your claim to tell your story plus all documents, records, photos, or witnesses that support your claim. You will be heard first, then defendant, and finally the judge will issue his/her decision.