![]() Unlike a trial, the proceedings are private and sometimes can go faster. Arbitration is the closest ADR technique to a trial. In arbitration, you present your case to a neutral third-party, the arbitrator, who acts like a judge. Mediation is typically voluntary, so each side can walk away at any time and continue on with the lawsuit. He or she is not a judge instead, the mediator’s job is to listen to all sides and help nudge you and the plaintiff to a solution you both can agree on. This is a third-party neutral who listens to the dispute. Mediation is like negotiation except you and the plaintiff will meet with a mediator. Also, you retain flexibility with respect to the settlement terms. For example, negotiation can preserve and enhance your relationship with the plaintiff, if that is important to you. Negotiation is a voluntary, confidential process controlled by both parties. You and the plaintiff meet during settlement negotiations to hammer out a deal. ADR is a set of techniques that allow you and the plaintiff to resolve your dispute without stepping foot in a court. To find a legal aid organization near you, visit the Legal Services Corporation’s website at Once there, click on “Find Legal Aid” (at the top of the page) and then enter your address.Ĭonsider alternative dispute resolution (ADR). Legal aid provides free legal representation to those in financial need. If you have low income, then you might qualify for legal aid assistance.X Research source When you get a referral, you should call the lawyer and ask if they offer limited scope representation. You can also hire a lawyer to simply coach you. For example, you could have a lawyer look over your motions or represent you in court. This is called “limited scope representation” and most states allow it. You can limit legal fees by hiring an attorney to perform only certain tasks.To find a lawyer, you can contact your state’s bar association. An experienced attorney can listen to the circumstances of your case and offer expert advice about how to defend yourself. Even if you want to defend yourself, you might benefit from a half-hour consultation with a lawyer. ![]() To find your state’s limitations period, search “statute of limitations breach of contract” and “your state” on the Internet. If the limitations period expires before the plaintiff files the lawsuit, then you can request that the judge dismiss the case. This is called the statute of limitations. Each state sets a maximum amount of time a plaintiff has to file a lawsuit. This type of defense works best if you and the plaintiff have unequal bargaining power. ![]() You can also argue that the contract terms are grossly unfair. X Research source For example, you might have agreed to buy someone’s car, which was described as being in “mint condition.” If the car is actually a lemon, then you have been defrauded. If true, then you could argue that you would never have made a contract except for the fraud. You might argue that the plaintiff made misrepresentations during contract negotiations. For example, if the goods you were supposed to deliver were destroyed in a storm, then you are excused from performance. It may have become impossible to perform the contract. You should raise these defenses in the answer that you file. These defenses can excuse your failure to uphold your end of the contract. You can raise many different defenses to a breach of contract claim.
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