Going At It Alone
Want To Sue Company X Yourself?
In theory, you do not need to hire a lawyer to file a complaint against company X or company Y. Here's the process you'd follow to do this all by yourself :
- Step 1
Terms And Conditions
First, locate the terms and conditions or the terms of service for the company that is giving you trouble.
- Step 2
Note Dispute Resolution Process
Scroll down until you discover the procedure for resolving the dispute with that company. A keyword to search for is arbitration, a mechanism that many companies now use to resolve disputes. If there is an arbitration agreement, the arbitration agreement should provide directions for how to send a notice of dispute.
- Step 3
Contact The Company
Using that information, send a notice to the company outlining the issue you are having and what you are requesting.
- Step 4
Wait
After that is completed, wait 30-60 days for a response.
- Step 5
Accept The Offer
If you are satisfied with the offer, you can accept it. From there, the company will send you a settlement agreement which outlines the terms of the settlement and most likely has a confidentiality provision. Assuming the fine print is acceptable, sign the agreement. That resolves your dispute.
- Step 6
Didn't Work? Arbitrate
If you do not hear back from the company or if the negotiations stall, the next step is to file a formal demand for arbitration and pay the applicable filing fee if required. The arbitration tribunal will notify you if you have filed the demand properly or if you have any deficiencies to cure.
- Step 7
Arbitrator
Assuming the filing meets all the requirements and the fee is paid, the next step is for the tribunal to appoint an arbitrator.
- Step 8
Preliminary Conference
After an arbitrator is appointed, the next step is to set up a preliminary conference. On the conference, it will be you, the attorney from the company you have filed a claim against, and the arbitrator. At the conference, you will decide what documents you need to prosecute your case. However, just because you are seeking documents or call recordings, does not mean you will necessarily receive them. Arbitration is supposed to be an economical and efficient process. You have to show good reason for seeking documents and even then your request may be denied.
- Step 9
Desk Arbitration Or Hearing?
Besides document requests, you will also have to decide if you want to process the claim by a "desk arbitration", i.e., only submitting briefs that outline your position or through an evidentiary hearing that can be done over Zoom or in person. If you want an evidentiary hearing, you will need to provide a list of witnesses and compose exhibits to be used at the arbitration. At the conclusion of the call, the arbitration tribunal will send you a summary of all the dates for the arbitration. It is critical to not miss any deadlines. Doing so may prejudice your case.
- Step 10
Should You Settle?
Between the time for the preliminary conference and the deadlines for the desk arbitration or hearing, the other side may offer to settle. You will have to assess if that makes sense for you based on the circumstances and based on the evidence in your possession and the documents you receive from the company.
- Step11
If You Do Not Settle ...
Assuming you do not settle and you have elected an evidentiary hearing, you will have to be ready to present your case to the arbitrator. The arbitrator may ask you questions about your case and the other side will also ask you questions about your case. You should be prepared to endure many questions from a lawyer whose goal is to undermine your case.
- Step 12
Last Chance To Convince ...
At the conclusion of the hearing, you may be offered the opportunity to present a closing argument. Or you may have the opportunity to write a post-hearing brief.
- Step 13
Wait For A Decision
30 days after either of the above the arbitrator will decide if you win or lose. The decision is final and cannot be appealed.
The process outlined above is neither simple nor quick. But, it is possible to complete on your own. On the other hand, if you are looking for help, Bachuwa Law is willing to assist and save you from the burden of going at it alone.
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