Seeking and obtaining the assistance of the courts in resolving disputes is a right afforded the residents of our republic, but it is not always administered justly and equally. Many have been denied those rights over the years due to discrimination or economic limitations, and it is a privilege of access that many others have come to take for granted.
The COVID-19 crisis has highlighted just how necessary court access is in emergencies, and also delayed significantly the access to courts for non-emergency matters. Unfortunately, what constitutes an emergency is very limiting, and for many this means bearing the stress and trauma of ongoing litigation for much longer than even the normal lengthy process. Now more than ever is the time to consider alternatives.
The most common rejection of mediation, and other forms of out-of-court dispute resolution, is that the other side wouldn't agree or participate in good faith. As with anything else we don't control the decisions of other people, and we must focus on what we do control, our own actions and reactions. So if you want to try mediation, or another forum, then ask yourself whether you've done everything you can to make that possible. In order to facilitate that process, we are sharing a sample letter and explanatory flyer (links below). We're encouraging you to consider using these templates to find the right forum for your case:
Download: Sample Letter suggesting use of out-of-court dispute resolution
Download: Sample Flyer describing the options for facilitating out-of-court dispute resolution
Outside of Court you have other forum options including:
- Collaborative Law
- Facilitated Attorney Negotiation & Settlement Conferences
- Other hybrid combinations of the above choices.