Demand Letters and Alternative dispute RESOLUTION

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If you aren't sure whether you want to bring a lawsuit, let our office help you discuss your options. Alternative Dispute Resolution (ADR) is a technique or process that can be used to resolve a dispute outside of the judicial system. Sometimes, parties can resolve conflicts through the issuance of a demand letter or through facilitated negotiations, mediation, or arbitration. These ADR measures can occur before or after a lawsuit has been filed.   

ADR procedures are increasingly being utilized in disputes that would otherwise result in lengthy litigation because they are often less time consuming and less costly. If you are interested in exploring these options, our professionals can assist. 

A demand letter, letter of demand or cease and desist letter can be drafted on you behalf to state a legal claim and makes a demand for a refund, reimbursement or some other performance of some obligation. If you believe that you have been wronged and someone owes you specific action or money, let our office draft a demand letter for you. 

Negotiation is a method of resolving disputes that aims to reach an agreement that is fair and acceptable to all parties.  the First step of the negotiation process is usually the issuance of a demand letter to get the discussion started. During a negotiation, the parties engage  with each other through counsel or law office staff until we can  reach a desirable outcome for all involved. During this process, an impartial third party (a negotiator) assists the parties in reaching an amicable solution.

Some advantages of negotiation include its flexibility, privacy and efficiency.  Some disadvantages of negotiation include the possibility that parties will be unable to reach an amicable settlement or the lack of legal protections.  

Mediation is another method of dispute resolution, where an amicable decision arises with the help of a third party neutral. The parties have complete control over the settlement but the neutral  third party (mediator) facilitates the settlement.

Similar to negotiation, some of the advantages of mediation include its flexibility, privacy and cost-efficiency.    Some disadvantages of mediation include the possibility that parties will be unable to reach an amicable agreement the lack of formality, and the lack of legal protections.    

Arbitration is a more formal process to resolve a dispute. While still private, the disputing parties agree that one or several individuals  (the arbitrator) can make the final decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute. 

Advantages of arbitration include that compared to traditional trials, arbitration can usually be completed more quickly, less formally and at a lower expense.  Arbitration also allows the parties to come up with  creative solutions that might not result from litigation.  Additional advantages of arbitration include  that when arbitration is binding, the decision is final and can be enforced by a court. Some disadvantages include  that if arbitration is mandatory pursuant to a contract, then a party's right to approach the court is waived. There is also a very limited avenue for appeals in arbitration.

There are many avenues available to resolve your dispute. If you have questions about alternative dispute resolutions, please reach out to one of our trained professionals today and we can discuss your options.