Before You Decide to Go to District Court: Alternatives to Going to Court
 

Other Topics in this Section

Figuring out if you have a case in District Court

Are you and your case right for self representation?

Before you sue, try to settle. Many cases come to trial needlessly because the parties have not attempted to communicate with each other.

TIP – Keep in mind that you should keep good records of all of your attempts to resolve the problem in case that it is necessary to go to court later. “Good records” means that you should keep copies of all letters. Keep a written record of all phone calls.  Even though many agencies may accept a complaint over the phone, submit your complaint in writing so that an accurate record exists of the dispute.

Why it makes sense to talk first. There are drawbacks to going to court.

  • It may be time consuming.
  • Once you consider the costs of going to court (including your time off from work), you may do better if you can work out a settlement.
  • Even if you win your case, you may have trouble collecting the money.
  • If you win, the defendant may appeal the decision, and you may have to go through a new trial in Circuit Court.

First -

Talk to the other side. It is surprising how often the other side is willing to work out something if you approach them in an open fashion. Before you talk, read this Guide so you know what your other options are if the conversation fails.

TIP – How to negotiate

TIP – How to make a verbal or written demand.

Second –

Write a formal “demand” letter. This is your chance to present your view of the facts and what you think needs to be done. A bad demand letter. A good demand letter.

Third -

Consider working with the agencies that offer to resolve the problem without going to court. 

If you have a consumer problem with a business, first try the local Better Business Bureau (BBB).

The Office of the MD Attorney General offers mediation to resolve complaints against businesses and complaints about health insurance and health services or homeowners insurance.

Other government agencies that handle consumer complaints.

Community mediation centers – nonprofit centers that serve most counties – free or sliding scale fees.

Mediation Programs and District Court – Many of the district court locations offer mediation programs – some before and some after a case has been filed. Check out what your county offers.  Scroll down for the program descriptions (do not click on the map).

 

TIP - More about mediation in District Court including a 5 minute audio
Source: A special project of the Eastern Shore Regional Library under a Library Services Technology Act grant from the Division of Library Development Services/MD State Department of Education (author: Ayn H. Crawley).  Updated by the Maryland State Law Library (MSLL).

Last date of review  (no legal content)  6/28/08 (PLL/M.A.J.)