The most efficient way to win a lawsuit is not to bring one at all. Effective
conflict resolution and negotiation can be the keys to avoiding long,
costly and emotionally draining lawsuits (also called litigation). Conflict
resolution, also known as alternative dispute resolution (ADR) or just
dispute resolution, refers to a wide range of processes that encourage
settling disputes outside of the traditional court system.
Read further to learn about the common forms of conflict resolution:
To Sue or Not to Sue: That is the Question
Often the most successful dispute resolution occurs through understanding
when to litigate and when to avoid litigation. The attorneys at WylieLaw
have experience in many areas of conflict resolution and have effectively
resolved many disputes by knowing when and when not to pursue a lawsuit.
It may be in your best interest to consult with an attorney to consider
different methods of dispute settlement before pursuing a course of action.
The attorneys at WylieLaw have a proven track record with the American
Arbitration Association, NASD, NAM, JAMS, as well as other agencies and
can offer sound advice about resolving your legal dispute.
- A young woman was hit by an automobile while in a crosswalk.
Although she was diagnosed with a herniated disc in her neck, the driver's
insurance company did not believe she was seriously injured and offered
a meager settlement. The WylieLaw attorney had the insurance company
agree to arbitration, then compiled and submitted the relevant documents
to the arbitrator for review. At the arbitration, the client was able
to testify in an informal setting as to how the herniated disc had resulted
in severe life restrictions and how she had to continue physical therapy
at home. As a result, our client was awarded $50,000.
- A WylieLaw client believed he was owed close to $26,000 in back pay
for his past employer but the employer refused to pay. A WylieLaw attorney
participated in a 3-day arbitration and submitted a memorandum of law
in support of penalty damages, interest and attorney fees against the
ex-employer that raised the total damages above $100,000. After the
arbitration was finished, but before the arbitrator had issued a decision,
the matter was settled for $54,000.
- An individual was fired after making a claim of sexual harassment.
Subsequent to receiving and rejecting a severance package of $20,000,
the individual retained WylieLaw. The WylieLaw attorney filed a complaint
with the EEOC, then submitted relevant documents supporting the client's
claim of harassment and retaliation to the employer's counsel, along
with a letter offering to participate in mediation. One full day of
mediation did not bring the two sides to a settlement as the employer
was only offering a low severance package. Through the efforts of the
WylieLaw attorney, the mediator believed the claim to be much more valuable
and made a final mediator's recommendation that raised the settlement
offer above $100,000, which was ultimately accepted.