| SETTLING YOUR DISPUTE
Q. Are formal, adversarial trials always necessary?
A. No. The majority of criminal and civil cases (non-criminal
cases involving disputes between
individuals or organizations) are resolved without a trial. As will be
explained in the chapter on
criminal justice, a criminal case can be resolved without a trial in one
of three ways. The defendant can enter a plea of guilty or a plea of nolo
contendre (no contest) to the charges, thereby forgoing the need for a
trial. Or he or she may be able to negotiate a plea bargain with the prosecution
in which the two sides agree that the defendant will plead guilty to a
lesser charge than the one he or she currently faces. In each of these
three cases, a judge must make sure the decision is fair and voluntary.
Similarly, by some estimates upwards of 90 percent of all civil cases
are "settled" before
trial. The courts actively work to encourage settlements and will often
require the parties to a suit to engage in pre-trial settlement conferences
to see if some mutually satisfactory compromise might permit them to avoid
the need for a full-blown trial.
Q. How can I settle my case?
A. Talk to the person with whom you have a dispute. Stay calm
and reasonable. You may find that, if approached politely, your "opponent"
will be willing to settle on a mutually acceptable basis.
Make certain that person understands why you are unhappy and what you
would consider a
reasonable solution to the problem. Keep an open mind and listen to the
other person's side of the story. Making an effort to settle a dispute
without a lawsuit is never a waste of time. In addition, many states require
that an aggrieved party first make a demand for payment or action before
filing some types of lawsuits.
If you do reach a satisfactory compromise, ask your lawyer to get it in
writing for both
parties to sign--you'll both want to make certain what you are and are
not agreeing to and what, if any, issues may still need to be resolved.
Even if you and the other person involved are able to work out the main
problem, such as who owes how much money to whom, it still may be necessary
to appear before a judge to determine, for example, a payment schedule.
Your court appearance will be made easier if the agreement is in writing
and can be submitted to the judge.
Q. What do I do if the other party won't agree to a reasonable
settlement?
A. The next step is to have your lawyer write a carefully thought-out
letter to the person with
whom you have a disagreement. This letter should include an accurate summary
of the history of the problem and a date by which you would like a response
or settlement. This type of "settle or else" letter has many
advantages. It helps you organize the facts and your thoughts logically.
Your lawyer may be able to express your thoughts in a way that the other
person might not have "heard" when you were talking to each
other directly. It may be just the push needed to get the other person
to settle. If the letter sets reasonable time limits, it will often help
to encourage settlement. Finally, if you end up in court, your letter
will give the judge important background information and will go a long
way toward satisfying any state-law requirement that a demand for payment
or other action be made prior to filing suit.
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