The layperson’s equivalent of a legal appeal is a demand letter. You mention what the disagreement is and why in court you chose to deal with it.
The demand letter may include the sum you are suing for or the special remedy you are requesting. You are sending this letter to the individual you disagree with. Send a copy to the clerk of court as and when you prepare to apply. Although you do not need legal drafting to write a letter of claim, it needs to be straightforward and well structured.
Did you know 90% of lawsuits never go to a courtroom? Before a case being brought, 90% was settled. Only 5% was resolved before or after arbitration/mediation right away. Without a prosecutor, nine out of ten lawsuits are solved without a jury and a mediator without a trial.
The remaining 5% make it to court where they face losing their lawsuit and having zero, and worst – offenses are in a place to be punished with a counter-suit.
What would you do, then? The first step in your case to be made complete is to illustrate that you can take action by writing a legitimate demand letter. You’ve got to be direct. You’ve got to be precise. You have to be able to sue – please, please don’t go and apply yet! To deliver your letter of demand, you will require a licensed solicitor, or you will lose your status and your right to discuss your compensation. The fact is, the letter would essentially be nothing more than a home-made wish list of hollow threats without a licensed attorney’s signature behind your submission.
What to stop when sending a letter of demand:
Stop threatening the other party or disparaging him. Do not use words that can express your rage or annoyance.
Creating a bad attitude is only going to reduce the likelihood of achieving a compromise. The letter aims to demonstrate your sincerity to the other party and allow them the ability to evaluate their legal choices. It is not a chance to offend or establish an opposing alliance with them. When the issue winds up in arbitration, note that the same judge will read your demand letter as you will consider the case. Another explanation for holding things impartial and competent is this. The last thing you want is to be viewed by the judge as being antagonistic.
A letter of demand is usually seen as a token of good faith by the court:
The letter indicates that the group submitting it aims to fix the dilemma and not spend scarce judicial energy. Courts want to see if they have made attempts to resolve disagreements. Sending a letter of appeal by registered mail (with the requested return receipt) and daily mail offers confirmation that you have attempted. In certain situations, before going to court, submitting a letter of demand is needed.
What makes a letter of demand effective?
An efficient letter of demand has the following: facts, needs, and implications. It’s signed by a registered solicitor and locked. It appears professional and sounds and elicits emotion. It lists possibilities that you can operate on and that are practical and credible. It’s that. If all of these elements are absent, so it will malfunction.
Sending a letter of demand will save you money and time in the long term.
While it costs more to make your lawyers write a letter of demand to handle a mediation, you can save more if it is good than if you went to court. Generally, litigation is time-intensive and costly. You would still have to face attorney costs even though you win because there is no assurance that a judicial decision would be collectible.
If you see, letters of demand can be a successful option for conflict resolution. They will accelerate a reasonable conclusion and prevent expensive lawsuits. And if you wind up bringing a complaint, a letter of demand indicates to the court that you have sought reasons to work with the other side to fix the problem.