The KG Method
"Diligent representation of each client, continuous collaboration with the client, formulate a strategic method for the case, which consists of negotiation, mediation, and/or litigation."
More times than not, cases can be settled by reaching an agreement between the parties, instead of filing suit. This saves both parties a lot of expense and time, which otherwise, would be lost in taking the case through the full trial. However, successful negotiation is all about preparation, recognizing the interests of both parties, designating correct timing, and a strategic method. At Law Office of Kleinhans Gruber, PLLC, the strategic method is to begin negotiations as soon as possible. If the opposing side is not interested in negotiating, suit is filed.
In the alternative, if the parties have reached an impasse in their own negotiations where a third parties intervention has the potential to negotiate the case, mediation is scheduled. If mediation does not result in a settlement agreement, suit is filed.
Mediation is a form of third-party assistance to facilitate voluntary settlement. Mediation can be a time and money-saving method to settle a case, especially when the parties are open to negotiations, but yet the negotiations have reached an impasse.
Mediation is an extension of negotiations. It brings the parties together for an extended period of time with a third party, called a mediator. A diligent mediator is educated in the area that forms the basis of the dispute, and is able to neutrally state the needs and interests of the each party. Generally mediation begins early in the morning, with all parties in the same room. The mediator will open with a review of the strict confidentiality of mediation. Generally, each party is given the opportunity to present their own opening statement of their view of the conflict. Then, all parties are separated in different rooms and the mediator relays the parties needs, interests, and offers for settlement between the parties. The mediation is successful if the parties are able to reach a voluntary settlement agreement. However, even unsuccessful mediations narrow the issues for further litigation and bring the parties closer to reaching a potential settlement agreement.
Litigation is the court process of a lawsuit. It begins at the time the lawsuit is filed, and it lasts until the parties reach a voluntary agreement or until the court enters a final judgment. When the defendant is served with the petition or complaint, the defendant generally has about 20 days to file an answer. This means that if the defendant does not answer within the allotted time, they risk having a default judgment entered. Therefore, if you have just been served, or believe that you have a case, it is important to contact an attorney as soon as possible. Depending on the type of case, the law imposes filing deadlines. If you miss the deadline, you risk losing your right to litigate the claim. Law Office of KG, PLLC offers free attorney consultations, and would be honored to discuss the benefits and detriments of numerous courses of action.