- 1). Develop a strategy to resolve a civil action outside of court. Evaluate your case by thinking about the pros and cons of continuing with litigation. After making a decision that proceeding to trial may not present the best option, develop some alternative ideas in order to bring the matter to an acceptable conclusion.
- 2). Contact the opposing side and negotiate. Discuss the facts, strengths and weaknesses of the case. After each side recognizes some downsides, compromising a conclusion becomes a viable option.
- 3). Write correspondence to the opposing side if you are the party seeking a settlement. This serves a dual purpose as it may prompt additional settlement talks, and it documents your legal position in writing.
- 4). Present your case to mediation should negotiations become unsuccessful. If both sides appear before a mediator and show a willingness to compromise, this type of forum can provide a beneficial and relatively inexpensive means to resolve a civil action outside of court. Each side selects a neutral third person to discuss the case informally. It’s the mediator’s job to facilitate a resolution while he meets privately with each side to draw upon the strengths and weaknesses. The objective is to help both sides reach a middle ground.
- 5). Prepare your case for arbitration before a single arbitrator to ultimately render a judgment. Arbitration is a means of litigating your case without a jury. It removes the pressure of the court room atmosphere. Each party collectively picks an arbitrator and agrees to split the cost of the arbitrator’s time. At the hearing, each side may testify and cross-examine the other. The Rules of Civil Procedure apply, but they are often casually followed. The arbitrator’s decision is usually a final judgment, unless the parties have a specific agreement to the contrary.
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