Copyright © 2014 by The University of Kansas Initiating Legal Action.

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Presentation transcript:

Copyright © 2014 by The University of Kansas Initiating Legal Action

Copyright © 2014 by The University of Kansas What is legal action? For the purposes of this section, a lawsuit can be criminal or civil. Possible outcomes: Money damages Other types of payment or action Injunction Mediation or arbitration Punishment of the other party

Copyright © 2014 by The University of Kansas Why would you - and why wouldn't you - initiate legal action?

Copyright © 2014 by The University of Kansas Why to: The other party refuses to deal with you at all You've tried negotiation and/or mediation, and the other party wouldn't deal with you in good faith You want a judge to order mediation, fact-finding, or arbitration to resolve an issue The other party has made it clear that legal action is the only course it will accept You know or believe that the other party is about to initiate legal action against you If you win, you may set a legal precedent that helps your cause over the long term

Copyright © 2014 by The University of Kansas Why not to: Expense Time Unpleasantness Destruction of current or potential relationships The effort you put into the lawsuit may take away from your other work as an advocate There's no guarantee that you'll win If you lose, you may set a legal precedent that hurts your cause over the long term

Copyright © 2014 by The University of Kansas How do you initiate legal action? Find a lawyer Determine whether you have a case Decide what you want to get out of taking legal action Decide whether you're suing in your own right, on behalf of a single or small number of plaintiffs, or whether you want to institute a class action suit

Copyright © 2014 by The University of Kansas How do you initiate legal action? Decide where and in what court to file suit Be prepared to counter the other side's arguments Decide on when and whether to settle, and on the minimum amount or concession you find acceptable Be aware that this suit may be part of your life and that of your organization for as long as it goes on