DISPUTE RESOLUTION

   
TWO WAYS TO LITIGATE CLAIMS WITHOUT GOING TO COURT
 
There are two ways to litigate claims without going to court in the conventional way, in the sense that you don’t have to have your own lawyer to fully and finally resolve your claim.  These two methods are both faster and less fraught with pitfalls than traditional litigation. They are SMALL CLAIMS COURT and PRIVATE TRIALS or what we call “QUANTUM TRIALS.”  

SMALL CLAIMS COURT—CASES UNDER $10,000
If your matter is within the jurisdictional limits of the small claims court, $10,000 as of this writing, the small claims court is the way to go.  It is cheap, fast, and sure, thus you have the possibility of receiving justice.  In the regular court of general jurisdiction, the district court, the cost in time, attorney fees, and inherent delay insure that justice cannot be achieved in many cases where less that $100,000 is at issue.  Go to the SMALL CLAIMS MAGIC subtab herein for a detailed explanation of the advantages and limitations of small claims court.

QUANTUM TRIALS, PRIVATE TRIALS—CASES OVER $10,000
Did you ever wonder how it is that Judge Judy or Judge Brown can litigate a case in a TV studio.  Utah State Statute allows litigants to contract for a binding private trial of their claims.  The trick is: both parties need to agree to do a private trial and you have to pay someone to be your private judge.  While it is always advisable to be represented by an attorney, sometimes the cost of your own attorney makes litigating an issue impractical or impossible.  If your company is a corporation or an LLC, the law will not allow you to represent your company, unless you are in small claims court.  If your case is over $10,000 you are stuck with your own fees and a burdensome system just to get the case to trial. The odds are that even a relatively simple case will cost you $20,000 to take all the way to trial with no guarantee as to outcome.  Our managing attorney will act as your judge in a private trial for under $1500 per side for the case and you need not retain an attorney.  Your case can be prepared, tried, completed, and binding on all parties within 60 days if the parties are willing to commit to the Quantum Trial process.  For detailed information on the Quantum Trial process, go to the PRIVATE TRIALS subtab herein.

ONE WAY TO AVOID LITIGATION ALTOGETHER

The very best way to resolve claims, if the other side of the dispute is rational, is MEDIATION. This is a process of settlement by shuttle diplomacy by a skilled neutral third party who works on both parties separately to encourage settlement.  No one gets everything they want but the case is over and that makes everyone happy.  Relationships may be salvaged in the process.  For a more detailed explanation of the MEDIATION process see the Mediation subtab herein.
 
Brought to you by Business Law Associates, L.C., Utah's Small Business Law Firm, 8170 S. Highland Dr, Suite E5, Sandy UT  84093, 801.944.5255.