Are you wanting to learn more about offers to setting in civil proceedings? This article will focus on Ontario, British Columbia, and Alberta. If you need a Business Lawyer in these provinces, reach out to us. We can book you in for a free 15-minute consultation.
This article will explain the things you need to know about offers to settle. Someone can start settlement talks at any time. This can happen before a lawsuit starts or during the lawsuit. Our lawyers noticed that most people need to spend a lot of money before they want to talk about settlement. It is rare that people will settle before a lawsuit starts. After spending $15,000 on a Lawyer and spending tons of time on the lawsuit, they are often willing to meet halfway.
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When You Can Push For Settlement
The average lawsuit follows this chain of events.
- Pleadings
- Discovery
- Mediation
- Trial preparation
- Trial
Normally, most settlements will happen after stage 2 or during stage 3. After discovery and examinations, many people are already tired of the lawsuit. Once things get to trial, it’s often too late. There are different ways you can do a settlement agreement. We won’t get into counter-offer and acceptance rules in this article. There are also things like expiration dates for offers. It’s all contract law. It’s too complicated. Hire a business lawyer to help you.
If one party makes a fair formal settlement offer to another party, and it’s rejected, there can be problems. The person who rejects a fair settlement offer could have to pay the legal costs of the other party. Judges might get upset at the person who doesn’t want to settle the dispute. If you don’t want to deal with this, make sure it’s a no prejudice offer to settle.
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Settlements get harder the longer the lawsuit goes on for. Once one party has spent $100,000 on legal fees, they will want to add that amount to the settlement amount. That makes it harder for the other side to agree to pay the costs. You should make an offer to settle as soon as the moment is right.
If you are a defendant and you get sued, you might want to make a quick settlement offer. This could happen before you file the response to civil claim. You might offer 50% of the amount if they accept you offer in the next two days. That will save you money on having to pay a lawyer to do the response to civil claim.
If you need to help with Offers To Settle In Civil Proceedings, book a consultation below.
Offers To Settle In Civil Proceedings
Most people don’t realize how expensive and stressful it is to get to a trial. They see the movies and think it will happen quickly. A large lawsuit can feel like being criminally charged with a crime.
Lawyers actually have a duty to encourage their clients to settle. This is a law society rule.
When things go to trial, the public can see the results. All the judge’s decisions can be found on Canlii. Chances are you don’t want your private affairs to be found by your employer or friends. Keep in mind the other side will likely accuse you of a lot of things in order to win their case.
You would be surprised how many relationships can be fixed after settlement. We have seen many people that continued with their relationship and business after the lawsuit was settled. Chances are that the parties do not hate each other. Instead, there are a few things they cannot agree on.
Keep in mind, if the losing party in the trial can afford it, they will likely try to appeal the decision. See the previous link to learn more about how appeals can work.
Ways To Pursue Offers To Settle In Civil Proceedings
- Getting your lawyer to meet with the other sides lawyer
- Doing an off the record, no prejudice, informal meeting at a Starbucks
- Sending a no prejudice email with a settlement offer
- A court-mandated mediation meeting
- More complicated ways that a business lawyer can explain to you
Many parties think a judge is going to award them a massive sum of money. For example, someone who gets fired from a job might send something like the following to an employment lawyer. “I want to file a million-dollar lawsuit against my company for firing me. All the text messages are on my phone. I don’t have money, but you can take 25% of the million-dollar award. That’s $250,000 for not much work!”
Settle In Civil Proceedings
It sounds stupid to any lawyer. Therefore, most law firms will not respond to this type of thing. There is little chance that the judgment would be that high, or even that there would be a high chance of success. The person also has no money and doesn’t appreciate how much lawsuits cost.
When working on an offer to settle, make sure it’s super clear what you are offering. Make it as simple as possible to understand. Agree on the general terms first, then get your business lawyer to create a bulletproof agreement. Do not bury the offer somewhere deep in a 30-page contract. If you put something into writing and send it to the other party, and it’s not off the record, it will likely be entered as evidence during the trial. Don’t do anything that would anger the judge.
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