ALTERNATIVE DISPUTE RESOLUTION AND LITIGATION
When a dispute arises or anticipated to take place to arise, it is imperative that clients being counseled on the appropriate course of action to avoid any party initiating any dispute resolution, particularly a lawsuit. Alternative dispute resolution with an effective legal analysis shall be adopted to put out the flame before it grows into a big fire out of any party’s control. Legal advice is necessary to determine the appropriate course of action.
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NEGOTIATION
When a dispute arises, the most cost-effective and efficient alternative is that parties negotiate a resolution by themselves. You may or may not need a lawyer at this stage. However, sometimes know your right, understand the appropriate damage you seek and determine your bottom line are necessary to start a position for the negotiation. You may need counsel’s advice on analyzing the law and assist you to take a fair and reasonable position. Starting with a reasonable offer or counteroffer is essential to the successful resolution of a dispute.
A vast majority of disputes are resolved through negotiation. However, if the dispute cannot be resolved through negotiation, you may use mediation, arbitration, and/or litigation. Please see the next slide.