Talking before suing

I came across a Blog recently that talked about an American law regarding Poisoned Workplaces and how “not everything your boss asks you to do is poisonous.” The article suggested employees should contact their boss before a lawyer when alleging a poisoned work environment.

In all business law issues that immediately spring to mind, talking to the other side before contacting a lawyer is excellent advice. Yes, I said that.

If you can resolve a dispute with an employee, supplier or customer without using our firm, you definitely should: it is less expensive and generally leaves everyone with a better feeling about their relationship.

Even if you can’t resolve the issue on your own, talking shouldn’t end there. Our firm is often able to resolve issues by negotiating with opposing counsel before law suits are issued.

Once law suits are issued, certain claims have mandatory mediation – which is essentially, Court imposed “talking to the other side”.

All law suits have pre-trials and once again, this is Court imposed “talking to the other side”, but this time with a Judge guiding the conversation.

As 90% of all law suits end in a settlement before trial, clearly, much good does come from talking, it just requires a lawyer who can convince the other side to listen.

Talking. To take a line from Martha Stewart “it’s a good thing ” … particularly if it saves legal fees and speeds up a resolution.

Inga B. Andriessen JD
iandriessen@andriessen.ca

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