Here is an enhanced case closing blueprint to elaborate on the steps in resolving a Court case. Please note you don’t have to follow the steps in numerical order, but each step may be helpful.
More info and resources on each of these steps is under construction.
- Event – the initiating event refers to the event that gave rise to the issue before the Court. For example an accident, a broken contract or other incident that resulted in legal proceedings.
- State your case – what is your case all about in a nutshell? You should be able to state your case in a one page summary. This will help you focus on what’s important when it’s time to negotiate.
- Value the case – what is your case worth? You can consider liability (who is at fault) and damages (what are the losses). There are other considerations such as the risks that all parties face in Court.
- Set the stage – setting the stage is about getting the case ready for settlement. This may require some effort to ensure the case is adequately built and the timing for settlement is right.
- Mediation / ADR – the assistance of a mediator or other ADR professional may help in achieving settlement.
- Offers – most offers will set out a payment amount, that the case be dismissed and that a release be signed.
- Counteroffers – a counteroffer may involve a different payment amount or different payment terms, such as payment over time. It will typically include a dismisal of the case and that a release be signed.
- Settlement agreement – the basic terms of a settlement agreement are that there is a payment, a dismissal of the Court case and a release signed. There may be other terms. Accepting an offer or counteroffer creates a settlement contract.
- Implement the settlement – implementing the settlement refers to payment being made, the Court case being dismissed and signing the release, along with carrying out any other terms of settlement.
- CASE CLOSED