Settle a Dispute

If you want to Settle a Dispute, Virtual In-House Counsel can help you:

"He has the deed half done who has made a beginning." - HoraceDefend a complaint

File a lawsuit

Mediate a dispute

… Defend a complaint
Whether you are suing someone or being sued, some things happen in the same order. The following list can give a general idea of what's likely to happen and help you become familiar with some of the words and phrases that come up in a lawsuit.

A civil action begins with a Complaint, accompanied by a Summons. The Complaint lays out the claims that the person bringing the lawsuit (Plaintiff) has against the person being sued (Defendant).

Delivering the Summons and Complaint to the other party commences the action. This is called Service.  The suit may or may not be filed with the Court at commencement. There is a $110 fee to file a suit in Superior Court. If the defendant requests that the suit be filed, the plaintiff must do so.

The Defendant has to answer within a certain time (usually 20 days). The Answer is where the Defendant admits to or contests the claims made in the complaint and describes what defenses he/she may have. If the Defendant has claims against the Plaintiff, he may state a counterclaim to include additional issues in the suit.

If the Answer contains a counterclaim or third-party claims, the party against whom the claim is made also has to answer within a certain time. If a party fails to answer the Complaint or counterclaims within the specified time, the court may enter a default judgment against the defaulting party.

The parties exchange information about the relevant issues by a process called Discovery. This information is used in preparing the case for trial.

Sometimes, the parties can reach agreement through settlement discussions or mediation. Recently, the courts have begun to require litigants in civil actions to go through some sort of settlement procedure prior to requesting a date for trial. If a settlement is reached, the settlement agreement states the agreement of the parties. The court is not involved. 

If the parties do not reach an agreement, the case will go to trial. In most civil cases, either party can choose to have a jury. Additional fees are associated with requesting a trial by jury. At trial, the attorneys present evidence and arguments for each side, and the judge or jury decides the unresolved issues and a Judgment is entered for the party who wins. Either or both parties can appeal a judge's decision to a higher court. But it's unusual for an appeals court to overturn a judge's decision, unless there are clear legal errors or the court failed to follow legal precedent..

The entire process can take from as little as six months, to as long as several years. Depending on the ability of the judgment debtor to pay the award provided for in the judgment, the judgment creditor may have to either wait or actively pursue collection efforts to get paid.

… File a lawsuit (return to top)
If you are in business, chances are you will eventually either sue or be sued. Pursuing a lawsuit is not an endeavor for the faint-hearted.

There are reasons to sue, to be sure. In a successful suit you may indeed recover funds due you, and it may be possible to recover other types of monetary awards such as compensatory and punitive damages. Also, you may benefit from getting an injunction or restraining order against someone who is irreparably harming your business.

But consider the present and future consequences before you choose to go this route to resolve a business dispute: 

  • Business litigation is expensive and it is going to take time, which affects your productivity. 
  • The courts are crowded and unforeseen delays can result in unanticipated legal fees.
  • There are always two sides to the story, so there's a good probability that you will get counter sued in the process. 
  • There is no guarantee as to the outcome and many people find themselves dissatisfied when the verdict is finally in.

There are other concerns as well: 

  • You may be required to expose proprietary information and business records to the court and therefore to the public at large. 
  • Publicity surrounding the case can draw unwanted attention to your business. 

Be careful not to become obsessed by a case out of principle. Your decision must be based on sound business judgment and not on emotions. After careful assessment, If you are in a position of strength, it may make sense to bring suit. Other times, it may ultimately be in your best interest to choose an Alternative Dispute Resolution process.

… Mediate (return to top)
Mediation and Arbitration are alternatives to the use of lawsuits to resolve legal disputes. Alternative Dispute Resolution (ADR) can be an effective way to help resolve conflicts and disputes more quickly and much more economically than proceeding through the courts.

Virtual In-House Counsel has extensive experience in both forms of ADR and routinely recommends that attempts be made to resolve a matter by discussion rather than immediately proceeding with a lawsuit. 

Mediators and Arbitrators are selected for specific cases because of their knowledge of the subject matter. Virtual In-House Counsel has participated in many successful ADR's by advising participants and helping them prepare for the process, and also by serving as the designated official. 

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