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ALTERNATIVES TO LAWSUITS

Q. I am considering filing a lawsuit against someone. Is there anything I can do to
avoid this?
A.
Yes, you can try to negotiate. Before you even think of going to court, try to talk with the
other person in the dispute. Most potential suits are settled long before they go to court. The
next chapter discusses steps to take in settling your case.
You can also explore other low-cost, informal alternatives that probably exist in your
community--mediation, arbitration, and small claims court. The next chapter also provides
practical information about each of these options.

Listen to the Other Person
Keep an open mind to possible solutions and listen to the other person's side of the story.
Remember that, with or without the help of lawyers, most people settle their legal disputes
out of court.

Q. I have already hired a lawyer and filed a lawsuit. Is it too late to negotiate a
settlement?
A.
No. It's almost never too late to settle. Judges and lawyers encourage those involved in a
lawsuit to reach an agreement between themselves. If you reach an agreement after filing
your case, let the court know you have settled the matter, and the case will be removed from
the court's calendar. If you have hired a lawyer, he or she should do this.

After You Settle
It is important to get your settlement in writing, and it is best if you and the other person
involved sign the final agreement. Suppose that, after filling a lawsuit, the two of you are
able to work out the main problem such as who owes how much to whom. It still may be
necessary to appear before a judge to determine a method or schedule of payment. It is
usually best to get the advice of a lawyer about any settlement before you put it into writing
and sign it.

Q. Can my case be thrown out of court because it is too old?
A.
Yes, every state has a time limit within which a case must be filed. The logic behind such
limits, called statutes of limitations, is that most lawsuits are more easily and more fairly
resolved within a short time. This is another reason that it is important to act as soon as you
and your lawyer feel that you may have a valid legal claim. The time limits vary for different
types of cases.

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